COLLECTIONS 

OF THE 

MAINE HISTORICAL SOCIETY 

SECOND SERIES 



i 



DOOUMENTAET 



HISTORY OF THE STATE OF MAINE 



VOL. IV 



CONTAINING 



The Baxter Manuscripts 



EDITED 



By JAMES PHINNEY BAXTER, A.M. 



PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDED BY 
APPROPRIATIONS FROM THE STATE 



/^^^ RECEIVED ^J> 



^£RIOO\CNV: 



^\^^ 



PORTLAND 
BROWN THURSTON & COMPANY 

1889 



fvv 



Copyright 1889 
By the Maine Historical Society 

P. 

Author. 
IdF'O* 



PRESS OF 

Beown Thurston & Co., Portland 



2.' 



INTRODUCTION. / ^ 



THE documents in this volume have been gathered by 
me during many years, from the archives of Massachu- 
setts, the office of the Public Records in London, and the 
Bureau of Marine and Colonies in Paris. They are not all 
of equal importance, and several might perhaps have been 
left unprinted without loss to the general student of Maine 
history ; but when I reflected how important even trivial allu- 
sions to a subject, perhaps but the mere record of obscure 
names, frequently become to the special gleaner in the his- 
toric field, I did not feel willing to incur the responsibility of 
discarding from my collection those documents which did 
not seem to me to possess an interest of a marked character. 
My intention was, at the outset, to follow a strictly chrono- 
logical method of arrangement; but some documents of an 
earlier date than others which had already been printed, 
having come into my hands while the work was in progress, 
I was obliged to somewhat depart from the order with which 
the work was begun. 

I regret that it was impossible to correct my proof by the 
original documents, but I trust that important errors have 
been avoided; certainly those documents from the Massa- 
chusetts archives, which ray venerable friend David Pulsifer, 
of Boston, has copied for me with a painstaking fidelity 
peculiar to the born antiquarian, should be as free from 
error as any such work performed by fallible man. 

JAMES PPIINNEY BAXTER. 

61 Deering Street, 

Portland, Maine, 1889. 



CHRONOLOGICAL TABLE OF CONTENTS. 



1629 


Feb. 


28 


1631 


Juue 


28 


1641 


Oct. 


30 


1643 


Oct. 


20 


1644 


Mar. 


20 


1645 


May 


25 



1652 



June 30 





July 1 




July 2 




July 3 


1648 


June 26 


1651 


June 20 




Sept. 18 




Oct. 31 



Oct. 31 



Nov. 22 
Dec. — 
Dec. 2 
Dec. 12 
July 9 



Sept. 8 

Oct. 19 

Oct. 23 
Oct. 28 



PAGE 

Gkant to Thomas Lewis and Rich: Bonythox, . 1 

Possession given, '. . 4 

Agaraenticus division of land, 421 

Memoires Genereaux, 431 

Deed from Richard Vines to Thomas Withers, . . 207 
Depositions of George Cleeve and others concerning 

Nash 5 

Deposition of Henry Watts, 6 

Deposition of George Dearing, 6 

Deposition of John Smith, 7 

Deposition of Michael Mi'tton, 7 

Deposition of George Lewis, 7 

Petition of George Cleeve, 8 

Deed from Nicholas Shapleigh to William Bartley, 9 

Lettre ecrite par le conseil do Lubeck, . . . 433 
Nomination de Godefroy pour traitter avec les 

commissairesde la Nouvelle Angleterre, . . 434 

Grant to Thomas Broughton, .... 12 
Kittery to be received under the government of 

Massachusetts, 11 

Commissioners appointed, 11 

Petition of Thomas Broughton, .... 13 

Petition referred 13 

Grant to Agaraenticus, 35 

Copy of entry of action against Richard Leader, . 55 

Copy of attachment, 55 

Copy of the court order, 56 

Protest of commissioners of Massachusetts, . 14 

Answer to protest 15 

Letter of Edward Godfrey to the secretary of the 

General Court, 1(3 

Men chosen to case between Joseph Mason and 

Richard Leader, 57 

Latitude of the northernmost part of Merrimac river, IS 

Survey of the Merrimac river, 227 

Civil government to be settled at Kittery, . . 19 

Return of the Massachusetts commissioners, . . 23 



VIII CHRONOLOGICAL TABLE 

PAGE 

1652 Nov. 13 Notice from the Massachusetts commissioners to 

Kittery, Isles of Shoals aud York, . ... 20 
People of Maine who acknowledged the government 

of Massachusetts 22 

Nov. 20 Submission of the inhabitants of Kittery, . . 24 

Grants to Kittery, 25, 28 

Summons to the inhabitants of Agamenticus, . 31 

Officers chosen in Kittery and Isles of Shoals, . . 59 

Return of commissioners, 61 

Nov. 22 Court held at Agamenticus, 33 

Imperfect list of inhabitants of York, ... 34 

Writing tendered by Godfrey, 36 

List of freemen sworn, 62 

Privileges granted to Kittery and York, ... 63 

Nov. 23 Answer to Godfrey's writing 37 

Civil government settled at York, . . . .38 

Return of Massachusetts commissioners, . . 39 
List of people who acknowledged the government. 

of Massachusetts, 41 

Commission granted to York, .... 65 

Nov. 24 Protection granted to Nicholas Shapleigh, . . 42 

Officers appointed for different towns, ... 42 

Dec. 20 Petition of Kittery to Parliament, . . . . 43 

— Petition of Henry Jocelyn and others to the governor 

and General Court of Massachusetts, ... 46 

1653 Mar. 11 Warrant to the marshal of York, .... 101 
Mar. 22 Warrant to the marshal of York, . . . .117 
Mar. 23 Letter of Benjamin Gillam to Hugh Gunnison, . 102 

Apr. 11 Warrant served on Gunnison, 101 

May 6 Petition of Henry Boade, 48 

The same to be considered, 49 

May 11 Petition of Thomas Wheelwright on behalf of the 

people of Wells, 50 

Answer to the same, 50 

May 18 Remonstrance of the inhabitants of Piscataqua, 51 

Answer to the same, 52 

Petition of the inhabitants of the Isles of Shoals, 53 

The same granted, 54 

May 27 Petition of Joseph Mason and Thaddeus Riddan, 9^ 

Petition of Thomas Wiggin and Simeon Bradstreet, 70 

The same refused, 70 

The same granted 71 

June 1 Return of commissioners to Kittery approved, . 66 
June 7 Commission appointed to settle the civil government, 

at Wells and Cape Porpoise 67 

Submission of people of Wells, . . . . 68, 69 



OF CONTENTS. 



IX 



1653 July 4 



July 5 



July 6 



Sept. 5 

Sept. — 
Dec. 21 
Dec. 22 
Feb. 16 
1654 Apr. 18 
Apr. 20 
Apr. 21 



Apr. 22 



Apr. 24 



May 


12 


May 


15 


May 


17 


Oct. 


18 


Oct. 


19 


Oct. 


30 


Nov. 


2 



Wells acknowledged the government of Massachu- 
setts, 71 

Eeturn of the commissioners to Wells, . . 74 
People of Wells who acknowledged the government 

of Massachusetts, 85 

People of West Saco who acknowledged the govern- 
ment of Massachusetts, 86 

People of East Saco who acknowledged the govern- 
ment of Massachusetts, .87 

Grants to Wells, Saco and Cape Porpoise, . . 89 

Officers chosen for Wells, 80 

Officers chosen for Saco, 91 

Protest of the commissioners against any exercising 

of power 92 

Short view of Ann Mason's case, .... 93 

Eeturn of the commissioners ratified, ... 97 

Letter to Cleeve from the deputies, ... 97 

Petition of George Cleeve, 161 

Deposition of Robert Mendum and others, . . 98 

Deposition of William Reeves and Richard Stone, . 99 

Letter from Nicholas Shapleigh, .... 100 

Deposition of John Davis, 103 

Deposition of William Reeves, .... 106 

Deposition of Richard Stone, 104 

Deposition of Rice Thomas, 104 

Deposition of Robert Mendum, 104 

Deposition of Joseph Miles, 106 

Deposition of Joseph Alcock, 107 

Deposition of George Braunson, .... 107 

Deposition of Thomas Crocket, 108 

Deposition of Robert Mendum, .... 109 

Deposition of Thomas Crawly, .... 109 

Deposition of Gowan Wilson, . . . 110, 111 

Deposition of Phillip Swadden, 112 

Deposition of John Andrews, .... 112 

Deposition of Benjamin Gillam, . . . 113, 114 

Deposition of Mark Munns, 115 

Replevin of goods attached by Henry Norton, . . 118 



Report of Clarke and Andrews concerning the 

northerly bounds, 226 

Report concerning the head of the Merrimac, . 227 

Petition of Edward Godfrey 121 

Complaint of Edward Godfrey, .... 123 

Order to the inhabitants of York, .... 123 

Action against Hugh Gunnison, .... 116 



X CHRONOLOGICAL TABLE 

PAGE 

1654 — Petition of Hiigli Gunnison, 118 

— Petition of Nicholas Sbapleigh, .... 121 

— Petition of inhabitants of York, 124 

1655 Apr. 20 Return of the commissioneis, .... 127 
May 26 Commissioners to make review of their return, . 129 
Sept. 8 Answer to John Bonython 130 

1655-6 Mar. 19 Letter to the town of Wells, 1;)1 

1656 May 24 Order to constables of Saco, 131 

May 29 Order to the court and inhabitants of York, . . 133 

Aug. 14 Letter of Edward Rishworth to Gov. Endicott, . 133 

— Bonython's case referred to a conference, p. Curiam, 136 

— Petition of York, Kittei'y, Wells, Saco and Cape 

Porpoise to Oliver Cromwell, 137 

1657 May 3 Petition of inhabitants of Yorkshire before the 

deputies, 142 

1658 May 26 Petition of Brian Pendleton, 155 

The same granted, 155 

Feb. 10 Letter of Louis XIII, 142 

1659 July 4 John Thorp indited, 163 

1660 Mar. 14 Letter and information from Edward Godfrey, 148, 150, 152 
May 30 Return of the commissioners, 153 

Petition of Falmouth, 160 

June 1 The same entered, 162 

June 9 Order relating to general trainings, . . . 162 

Oct. 1 Deposition of John Foxwell 168 

Oct. 16 Part of the report of commissioners appointed to 

inquire into the eastern affairs, .... 164 

Oct. 19 Deposition of Richard More, 169 

Feb. 19 Letter and information of Edward Godfrey, . . 1.52 

— Letter of Henry Jocelyn and others to Col. Nicolls, 146 

— Petition of the inhabitants of Maine to his Majesty, 147 

— Request of the inhabitants of Scarborough, . . 169 

1661 Apr. 4 Petition of Ferdinando Gorge?, .... 143 

The same referred to the council of foreign planta- 
tions, 145 

May 17 Petition of the inhabitants of Wells, . . . 171 

May 24 Petition of George Cleeve, 164 

May 28 Return upon the petition of Wells, . . 172, 173 

Return upon the petition of Cleeve, .... 166 

John Thorp forbidden to preach, .... 170 

1662 May 17 Commission 173 

May 26-7 Correspondence between Major Denison and the 

General Court of Massachusetts, . . . 230-244 
May 27 Warrant of the commissioners for holding a court 

at Wells, 244 



OF CONTENTS. XI 

PAGE 

1662 May 27 Order of the marshal of York .... 245 
Letter of commissioners to Henry Jocelyu and 

others, 245 

Resolution of trustees of Ferdinando Gorges, . . 246 

Names of Gorges' trustees, 247 

May 2S Agreement with the trustees, 247 

July 6 Order of Gorges' commissioners to Neale, . . 250 

July 7 Answer of Neale, 250 

July — Declaration of Robert Jordan 250 

Oct. 24 George Cleeve vs. Robert Jordan, .... 176 

Nov. 24 Letter of George Cleeve, ISO 

Dec. 10 Petition of Daniel Goodwin 184 

— Petition of William Crown, 175 

— Report on the same, 175 

— Letter of Richard Waldron, 182 

1663 Apr. 7 Letter of Godfrey to Povey, 251 

May — Letter of Daniel Goodwin to Govei'uorEndicott, . 185 

— Resume; an abstract of accounts of the title to lands 

in Nova Scotia, 252-254 

1664 June 29 Duke of York's patent, J 90 

Nov. 5 Letter of Henry Jocelyn and others to the commis- 
sioners, 186 

Protest against the governor and council of Massa- 
chusetts intermeddling with the government of 

Maine, 187 

Nov. 22 Sur les expeditions des Anglois en Accadie, . . 436 
Nov. 30 Answer to the letter of Henry Jocelyn aud others, . 188 
Feb. 4 Letter from George Cartwright to Colonel Nicolls, 255 

— Extracts from several pieces relating to the title of 

Nova Scotia, 195 

1665 May 30 Letter from the governor of New England, with 

affidavits inclosed, to Sir William Morrice, . . 225 

June 21 Warrant to inhabitants of York, .... 205 

June 23 Order of the commissioners, ...... 202 

The king's commissioners' commissions for justices 

of peace in the province of Maine, . . . 258 

Oath for justices of the peace, .... 260 

July 16 Letter of Joseph Mason to Robert Mason, . . 265 
July 26 King's commissioners to Secretary, Lord Arlington, 261 
July — Names of men instituted by the king's commission- 
ers to govern the province of Maine, . . . 314 

Aug. 1 Order of the General Court, 266 

Aug. 3 Commissioners for settling the eastern parts, . . 206 

Aug. 22 Oath for justice and military officers, . . . 271 

Oct. 6 Letter from Edward Rishworth to Sir Robert Carr, . 269 



XII CHEONOLOGICAL TABLE 

PAGE 

1665 Oct. 10 Letter from Sir Robert Carr to Danforth, . . 270 
Nov. 20 Letter from Carr and Maverick to Secretary, Lord 

Arlington, 272 

Nov. 22 Letter from Henry Jocelyn and others to Col. NicoUs, 276 
Nov. 29 Letter from the justice of the province of Maine to 

Sir Robert Carr, 277 

Doc. 5 Letter from Sir Robert Carr to Sir William Mor- 

rice, 279, 281 

Letter from Sir Robert Carr to Colonel Cartwright, 282 
Dec. 14 Report of the commissioners concerning Connecticut, 284 
Report of the commissioners concerning Rhode Is- 
land, 285 

Report of the commissioners concerning New Ply- 
mouth, 289 

Report of the commissioners concerning Massachu- 
setts, 299 

Report of the commissioners concerning New 

Hampshire, 296 

Report of the commissioners concerning Maine, 297 

— State of the colony of Kennebec, .... 201 

— Letter of Francis Champernoun to the king's com- 

missioners, 267 

— Petition of Sir Robert Carr to the king, . . 283 

1666 Apr. 2 Petition of Richard Bray and others to the General 

Court, 316 

July 15 Letter of information of Edward Godfrey, . . 154 

1667 Apr. 17 Mittimus, 206 

May 14 Letter from Nicholas Shapleigh 207 

July 13 Deed of Vines to Withers approved, .... 209 
Sept. 10 Representation of Lewis and John Kirk concerning 

Acadia, 232 

Oct. 4 Deposition of Alexander Jones, .... 209 

Nov. 19 La Compagnie des Indes, 438 

— The title of the English to Acadia or Nova Scotia 

and the commodities it yields, .... 240 

1668 Apr. 15 Warrant to apprehend Peter Weare, . . 211-215 
Apr. 24 Letter of Peter Weare and others to Captain Wal- 

dron, 210,211,214 

Apr. 28 Petition of the inhabitants of Cape Porpoise, . . 216 

Apr. 30 Petition of the town o/ Wells, .... 218 

May 9 Return of the commissioners 302 

May 12 Commissioners to settle the government of Maine, 219 

May 15 Appointments made by the comraissionersj . . 220 

May 20 Commissioners to Capt. Waldron and others, . 300 

Commissioners to General Leverett and others, . 301 



OF CONTENTS. XIII 

PAGE 

1668 July 3 Falmouth men's applicatiou to the Massachusetts 

commissioners, 221 

Nov. 3 Petition of John Littlebury, 312 

, 313 
307 
. 309 
317 
318 
319 
321 
322 
323 
325 



May 


8 


May 


12 


May 


29 


Oct, 


15 


Oct. 


25 


Sept 


6 


Oct. 


11 


June 10 


Sept. 


19 


May 


20 


May 


23 


Aug. 


4 


Oct. 


2 


Oct. 


9 


Oct. 


11 


Mar. 


20 


May 


1 


May 17 


July 


30 


Aug. 


1 


Oct. 


21 


Nov. 


10 


May 


6 


May 


27 


July 


22 


Oct. 


1 


Oct. 


6 


Oct. 


— 


Oct. 


15 


Jan. 


IS 



Answer to John Littlebury, 

Petition of Falmouth to the General Court, . 

Petition of Falmouth to the king, 

1669 May 8 Agreement of the town of Kittery, 
Letter of John Littlebury, .... 
Report concerning John Littlebury, 
Petition of John Littlebury, 
Answer to John Littlebury, .... 
Petition of John Littlebury, 

1670 Sept. 6 Deposition of Francis Robinson, 
Letter of John Winthrop, 356 

1671 June 10 Petition of several inhabitants of several freemen 
of Falmouth, 323 

The inhabitants of several towns to the governor 
of Massachusetts, 326 

1672 May 20 Testimony of Richard Lockwood, .... 328 
Complaint of Richard Lockwood, .... 228 
Order that the towns in Yorkshire to make their 

several rates, not consented to by the deputies, . 329 

Government to be settled, 330 

Deed of Nanaadconitt et al. to Francis Neale et als., 407 
Answer of the selectmen of the town of York, . 369 
Petition of Richard CoUacott, .... 330, 332 
Answer to the same, 331, 333 

1673 Mar. 20 Proposals of Gorges, Mason and Stirling to the 
king, 342 

Letter of Edward Rishworth to Captain Richard 

Waldron, 333 

An account of several persons touching charges or 

expenses about Henry Greenland, .... 335 
Deed of Captain Clarke to Robert and Mary Morgan. 336 

Bounds of the same laid out 337 \ 

Petition of the inhabitants of Kittery, . . . 338 
Answer to the same, 341 

1674 May 6 Order to hold a court at Pemaquid, . . . 344 
Appointments made to hold a court at Devon, . . 347 
Report of court at Pemaquid, 342 

1675 Oct. 1 Letter of Thomas Danforth to the Secretary, . . 381 
Order to the people not to move from Falmouth, 348 
List of men in the garrison at Falmouth, . . . 349 

Petition of Nathaniel Wallis 349 

Petition of Nathaniel Wallis granted, . . . 350 

Country rates to be raised in Yorkshire, . . 350 



\ 



XIV CHRONOLOGICAL TABLE 

PAGE 

1675-6 Feb 2. Petition of tlie inhabitants of Falmouth to the gov- 
ernor and council, 351 

— Capt. Champernoun to the king's commissioners, 354 

1676 June 13 Letter of the council, 358 

June 24 Letter of Edward Rawson, 360 

June 20 Council's answer to Randolph, .... 360 

June — Letter of Edward Rawson to governor Andros, . 376 
July 10 "Warrant for General Court to assemble relative to 

the claims of Gorges and Mason, .... 362 

Aug. 9 Question proposed to the reverend elders, . . 363 

Aug. 12 Answer of the reverend elders, 363 

Oct. 2 Testimony of James Grant, 369 

Oct. 17 Letter of J. L. to the governor, council and General 

Court 370 

Oct. 19 Petition of the town of York, 371 

Answer to the same, 372 

— Petition of the governor and General Court to the 

king 366 

— Downing's account of fish, 372 

1677 Oct. 22 Letter to the Lord Privy Seal, .... 380 

— Letter of the General Court to the commissioners, . 377 

— Petition of Anna Shapleigh, 379 

1678 Aug. 9 Thomas Danfoith to the secretary, .... 381 
Oct. 8 Return of the committee appointed to consider mat- 
ters relating to the province of Maine, . . 382 

Oct. 24 Order to reimburse Trery, 386 

— Province of Maine to be kept in the country's hand, 386 

1679 Feb. 10 Government to be established in Maine, . . 389 
Feb. 12 Commissioners to establish government in Maine. . 390 
Mar. 18 Declaration of inhabitants of Maine, . . . 391 
Sept. 6 Grant from Sir Edmund Andros, .... 386 
Oct. 29 Fort to be erected at Casco bay, .... 389 

— Petition of Kittery to the king, .... 392 

1680 May 26 Lands in Maine to be sold, 394 

May 27 Deputies consent not, 394 

Aug. 14 Incroachments of the government of New York at 

Pemaquid, 397 

Aug. 16 Government at Pemaquid to be maintained and de- 
fended, 397 

— Report of a committee in relation to a new planta- 

tion on the northern part of Casco bay, . . 398 

— Petition of Elisha Hutchinson and others to the 

king, 394 

1681 May 23 Addition to instructions, 400 



OF CONTENTS. XV 

PAGE 

1681 May 31 Danforth elected president of Maine, . . .400 

Committee to iuquire into the state of the province 

of Maine, 401 

Eeturn of tlie same, . . . . . . . 401 

June 2 Same approved, 402 

Aug. 18 Petition of Wells to Danforth, 403 

Aug. 18 Instructions to messengers, 404 

Oct. 15 Proposals for the future settlement of the affairs of 

the province, 405 

The same approved, 406 

1681-2 Mar. 7 Deed from Nanaadconitt to Neale approved, 409 
1G82-3 Mar. 22 Agreement between Thos. Danforth and Mary 

Munjoy, 409 

The same confirmed, 411 

Mar. 31 Lauds conveyed, 412 

1683 Dec. 7 Petition of Richard Wharton, .... 412 

Petition of Jeremiah Dummer, 415 

Dec. 10 Report on the same, 415 

1684 May 7 Grant to Thomas Danforth and Samuel Nowell, . 414 
May 13 Grant to William Stoughton and Peter Buckley, 414 
July 26 Indenture between Thomas Danforth and Captain 

Edward Tyng, 416 

Jan. 20 Deed from Sarah and Albert Jordan to Richard Hun- 

niwell, 419 

1685 Oct. 2 Deed acknowledged 421 

1686 — Memoires geueraux, 422 

1687 Oct. 6 Survey of laud for Richard Seacomb, . . . 440 
Feb. 20 Survey of land for Robert Elliot, . . . .443 

1688 Mar. 22 Testimony of Thomas Brown, John Goodenow, 

John Grant and Jonathan Stanhope, . . . 448 

Apr. 12 James Russell's claims, 441 

Report on Mrs. Phillip's claim, 442 

Aug. 15 Letter of Richard Clements to Philip Wells, . 445 
1688-9 Jan. 3 Testimonies of Joseph Graves, Mary Graves and 

John Rutter 446 

1689 Sept. 7 Letter of Joseph Prout to the governor and council, 457 
Sept. 13-19 Letter of Major Church to Major Richards, . 452 
Sept. 18 Letter of Joseph Prout to the governor and council, 451 
Sept. 20 Letter of Major Swayne to the governor and council, 453 
Sept. 21 List of men slain or veounded at Falmouth, . . 454 
Sept. 22 Letter of Silvanus Davis to the governor and council, 455 

Letter of Major Church to the governor and council, 4.56 

Sept. 24 Letter of Major Church to the governor and council, 459 



XVI CHRONOLOGICAL TABLE 

PAGE 

1689 Sept. 26 Letter of Silvanus Davis to the governor and 

council, 463, 464 

Letter of Thomas Scottow to Major Benjamin 

Church, 465 

Sept. 30 Letter of Silvanus Davis to Major Benjamin Church, 467 

Letter of Joseph Prout to Simeon Biadstreet, . . 467 

Sept. — Letter of Rachel Whitmore to Simeon Bradstreet, 468 

Oct. 4 Letter of Jeremiah Swain to Simeon Bradstreet, 469 

Memorandum, 472 

Oct. 7 Letter of Major Benjamin Church to council , . 472 

— Answer to the same, 474 

— Petition of John Loder, 475 



DOCUMENTARY HISTORY 

OF THE 

STATE OF MAINB, 



Grant to Thomas Lewis S Mich: Bonython, Feb. 28, 
1629. 

To all Xian People to whome this p''sent writting indented 
shall come the Councill for the affaire's of New England iu 
America send Greeting in Our Lord God everlasting Where- 
as King James of famous memory late King of England Scot- 
land ffrance & Ireland by his highness Letters Patents & 
Ro3'all Graunt under the great scale of England bearing date 
the third day of November in the Eightenth yeare of his 
E,eio;ne of Enoland ffrance & Ireland &c : for the causes 
therein Expressed did absolutly Give Graunt and Confirme 
unto the sd Councill for the affaires of New England in 
America & their Successors forever all the Land of New 
England lying & being from forty to forty Eight De'g. 
of Northerly Lat. and in length by all that bre'adth 
aforesd from sea to sea throughout the Mayne Land to- 
gether with all the woods waters Rivers soyles havens 
Harbours Islands and other Comodityes whatsoever there- 
unto belonging with divers Other priviledges preheminencies 
prohtts & libertyes by sea & Land as by the said Lres Pat- 
tents (amongst Other things Conteyned whereuiito due Rela- 
con being had) more at Large it doth & may appeare Now 
know yee That the sd Councill for the affaires of New Eng- 
land in America as well for & in Consideracon that Thomas 
Lewis Gentl hath already beene at the Charge to transport 



2 DOCIBIENTARY HISTORY 

himselfe & Others to take a view of New England in Amer- 
ica aforesd for the bettering of his Experience in the advaunc- 
ing of a Plantacon and doth now wholly intend by Gods 
assistance with his associates to Plaint there both for the 
Good of his Majestyes Realmes & Dominions and for the 
propagacon of Xian Religion amongst those infidels And in 
consideracon also that the sd Thomas Lewis together with 
Capt Richd Bonython and also with their associates & Com- 
pany have undertaken at their own pper Costs & Charges to 
transport fifty persons thither within seven yeares next 
Ensueing to Plaint & inhabite there to the advancement of 
the Generall plantacon of that Countrey & the strength and 
safety thereof amongst the natives or any other Invaders 
alsoe for the Encouragement of the sd Thomas Lewis & 
Cap^ Richard Bonython & other their associates and assignes 
And other good Causes & Consideracons the s** Councill 
Thereunto moving Have Given Graunted Enfeoffed & Con- 
firmed and by this their present writeing Do fully cleerly & 
al>solutly Give graunt Enfeoffe & Confirme unto the s"^ 
Thomas Lewis & Cap* Ricli*^ Bonython their heires & 
assignes forever All that pte of the Mayne Land in New 
England in America aforesd Comonly called or knowne b}^ 
the name of Swackadock or by whatsoever other name or 
names the same is or shall be hereafter called or knowne by 
scituate lying and being Betweene the Cape or bay comonly 
called Cape Elizabeth and the Cape or bay Comonly called 
Cape Porpus Conteyneing in breadth from Northeast to 
southwest along by the sea four myles in a straight lyne 
accompting seaventeene hundred & threescore yards (accord- 
ing to the standard of England) to Every myle and Eight 
English myles upon the mayne Land on the north side of 
the River Swackadock after the same Rate from the sea 
throu<::h all the breadth aforesaid together with all the 
shoares Creecks Bays Harbours and Coasts alongst the sea 
within the Limitts & bounds aforesd with the woods & 



OF THE STATE OF MAINE. 6 

Islands next adjoyning to the s'' Lands not being already 
graunted by the s'' Councill unto any other person or per- 
sons together alsoe with all the Lands Rivers Mines Min- 
eralls of what kinde or nature soever woods Quarries 
Marshes waters Lakes ffishings huntings hawkings fowlings 
Coraodityes Emoluments & hereditaments Avhatsoever with 
all & singular their & every of their appurteiinces in or 
within the Limitts or bounds aforesd or to the sd Land 
lyeing within the same Limitts or bounds belonging or in 
any wise appertaining To have & to hold all & singular the 
sd Lands and p''misses with all & singuler the woods 
Quarryes marshes waters Rivers lakes fishings fowlings 
hawkings huntings mynes mineralls of what kinde or name 
soever Priviledge's Rights Jurisdiccons Libertyes Royaltyes 
and all other profitts Comoditye's Emoluments & heredita- 
ments whatsoever before in & by these presents given & 
graunted or herein meant menconed or intended to be hereby 
Given or Graunted with their & every of their appurteiinces 
& every parte & parcell thereof (Except before Excepted) 
unto the sd Thomas Lewis and C-ip^ Richard Bonython their 
heires associates & assignes forever to the only pper use & 
behoofe of the sd Thomas Lewis & Cap^ Rich*^ Bonython their 
heires associates & Assignes forever Yeilding & Paying unto 
Our Sovereigne' Lord the King One fifth parte of Gold & 
silver Oare and one other fifth part to the Councill aforesd. 
& their Successors to be holden of the sd Councill & their 
Successors by the Rent hereafter in these p^sents reserved 
Yeilding & Paying there'fore ye'arly forever unto the said 
Councill their Successors & Assignes for every hundred 
Acres of the s*^ Land in use twelve pence of lawfull money 
of England into the hands of the Rent Gatherer (for the 
tyme being) of the s'' Councill their heires or Successors for 
all service whatsoever And the sd Councill for the affaires 
of New England in America aforesd Do by these presents 
nominate Depute authorize appoint & in their place & stead 



4 DOCUMENTARY HISTOEY 

putt William Blackstone of New England aforesd Gierke 
William Jeffiyes and Edward Hilton of the same Gentl and 
Either or any of them joyntly or severally to be their true' 
& lawfull Attorney or Attorneys and in their name & steade 
to Enter into the sd parte or Porcon of Land & other the 
p''misses with the appurteiinces by these presents Given & 
Graunted or into some parte thereof in the name of the 
whole and peaceable and quiet possession and seizin there'of 
for them to take and the same so had & taken in their name 
& stead to deliver possession & seizin thereof unto the s*^ 
Thomas Lewis and Cap' Eich'^ Bonython their heires associ- 
ates & assignes according to the tenure forme & effe'ct of 
these p'sents Ratifying Confirming & allowing all & whatso- 
ever the sd Attorney & Attorneys or either of them shall do 
in or about the p^^misses by vertue hereof In witnesse whereof 
the said Councill for the afiaires of New England aforesd 
have hereunto caused the'ir Comon scale to be put Given 
the twelfth day of feb''y Anno Dom 1(329 And in the fifth 
yeare of the Reigne of Our Sovereigne Lord Charles by the 
Grace of God King of England Scotland ff'rance & Ireland 
Defender of the faith &o : 

jRo : Warwick Ed. Gorges 

Endors'd 

June 28t'> 1631 
Possession Liverj^ and seizin had & delivere'd by the 
within named [Edward Hilton, Gent, one] of the Comicon- 
ers appointed by the Lords of the Councill for the affay[res 
of New England, unto] the within named Lewis Gentl in the 
p'"sence & sight of [the persons under named] 

T[ho: Wiggin.] 

Ja[mes Parker] 

H[enry Watts] 

[George Vahun] 



OF THE STATE OF MAINE. 

Depositions of George Cleeue and others concerning Robert 

JVash. 

I Georg Cleue do affirme that [on or] about the 25"^ day 
of the third month last 45 that 3 of Andrew Algars men of 
strattons Island came to my house m a botte to borrow Scales 
& waits to way there fish and I questioned them about all 
that shuting which trubled all the people in seuerall planta- 
tions and they tould mee that m'" nash shot them & giuen them 
powdar to answere him againe and I allso demanded of them 
if they were not all drunck and they said that they were all 
merei. and fathar I affirme that I went & m' tucker with mee 
to the howse of John Cussens & thomas smyth in Cascoe bay 
and about 3 leages from my howse to haue tacken there teste- 
mony Consarning Nashes slandring yo^ Jenerall Court but 
could not prevail with them to take ther oath they being 
refrecttorie & saith that nash is in ther debt, but Confessed 
verbalie to vs as they had formarlie tould m'" Holland of 
Dorchestar that nash said that the Court had doon great 
wrono- to a pore woman about a sowe and that none Could 
haue Justice from you but such as were membars of the 
Church, and tould them they were as good liue in tvrkie as 
Hue vndar such a goverment and tould them that there were 
19 wittnesses sworne against m' Cane y* he being a membar 
Carried the mattar against the poore woman and other words 
to this efecte and this is in the movthes of all our malignants 
it being reported say they by thouse that liue amongst them 
and therefore is vndouptedlie trew. 

that this is there reports and as they 
afirme from nash m"" Holland can 
speak to the lick purpose and I shall 
be reddie to affirme vpon oath 
who am yo"" humble Sarvant 

Georg Cleeve 



b DOCUMENTARY HISTORY 

Depositions. 

Severall deposisions taken before vs Georg Cleeve & rich- 
ard Tucker both of Cascoe in the pvinc of Ligonia Consarning 
Robart nash his miscarang in our parts in the third month 
last 1645 

Henrie Wattes of Black pwent Sworn & examined saith 
about the 20"^ of may hist being the last voyaidg that Robart 
nash of Boston made into our parts this deponant being 
about his house and about 2 myles from Strattons Hand this 
depo'' hard severall peces shott of in manar of a fight he sup- 
poseth about an hundre'd peces & beinge terifid therewith 
as well as his ne'i«hbours with what Convenienne he might 
he desire'd to know the mattar, And being informed from 
Strattons Hand that nash & his Company and the fishermen 
of the said Hand had shot them there to home nash had 
giuen powder for that pvrpose to answer him and his Com- 
pany out of his vessell and that they were shot of at the 
drinking of there healths and that they did take powdr out 
of Nash his barell by handfuls without othar mesure & 
vowed to haue the last shot of the Ilandars to home he had 
allso giuen ponder without wait in so much that they shot 
so loung that the're peces were so hott that they Could hould 
them no longer in their hands & farther deposeth that John 
Parkar of Dammarills Cove atfermath that Robart nash being 
with him gaue & sould so mvch Sack to his men that nash 
himselfe and parkars me'n we'are all so drunke for seuarall 
dais togethar that his men Could not goe to Sea in the prime_ 
tyme of fishing whereby the said parkar & his Company lost 
40 or 50 pownds by the misdemenvrs of the said nash. 

taken the last of June 1645. 

George Dearing of Blake pwent sowrne & examine'd saith 
that at the same tyme he heerd many peces shot about Strat- 
tons Hand and vpon farthar Inquire he vndarstode that it 
was a drunken bout betweene nash and the Ilaudrs which 



OF THE STATE OF MAINE. * 

putt him and his wyfe and neighbours into such a fright that 
they all thought that the french or othar enimyes had bin 
at hand 

taken the day aboue said. 

John Smith of Sacoe Sworne & examined saith that the 
same tyme he hard the peces shot of so thick that he aiKl 
the rest of the people there Judge'd y' to be a fight betwene 
the' french or that m"" Winters had bin taken at richmans 
Hand and this deponant saith he Counted 70 peces shot 
and then left Counting and that vpon repaire to enquire the 
Cause he found that nash and his Company had shot them at 
strattons Hand and that he allso gaue the Ilandars powder 
to answere him from the Hand & that nash vowed to haue 
the last shot and that he hard that they weare all drunck. 

tackeu the day aboue said. 

Michell Mitton of Casco Sworne and examined saith that 
about the 20 of May last he hard seuarall peces shot of 
which he supposed had bin a fight betwene the french or 
that Richmans Hand m-" Wintars plants had bin taken and 
being Terrified therewith could not rest till he went to rich- 
mans Hand to know the matter & there vnderstanding that 
Robart nash of Boston shot them and gaue powdar for that 
purpose to shout at the drinckings of healths and farthar 
saith that he hard 40 peces at lest Cascoe being no les then 
3 leags of strattons Hand. 

All the's sevarall deposissions weare 
tacken before vs the last day of 
June and the first of Julie 1645 

Georg Cleeve 
before vs ^^.^^^^^^.^^ ^ ^^^^^^^.^ 

Georg Lewis of Casco some and examined saith that 
Robart Nash of Boston sayd in his hereinge to tho : Wyse 



o DOCUMENTAEY HISTOEY 

who reproved the said nash for shuttmg so many peces at 
strattons Hand that he would haue shott so manie more in 
Cascoe bay at his Comming in there if he had had so mvch 
puddar left and this deponant hard nash say at his returne 
from the Easte the same vo^'age which was the iirst of June 
last. These words were heard from him vpon the Sabbath 
day at his returne from meeting 

Tacku be'fore me Georg Cleeve 

Julie 2 : 1645 Kichard Tucker 



Petition of George Cleeve July 3. 1645. 

To the honered Governer and Depitie Governer & Court 
of assistants of the massechusets Collenie thes 



Honered Sirs may it plese you I haue latlie Receued from 
m'' Rigl)ie lettars of derection & advice to pcede in the Gov- 
erment of his pvince of ligonia : And becase we ar opposed 
b}^ m"" Vins & othare his Confederats that we Could not 
psede' according to our instructions and being daylie threttned 
& ar still in dangar of our lines & allso to haue our estats 
seazed on liy them for not Submitting to a pretended Athor- 
itie to them giuen by sir farthinando Gorges without any 
lawfull Comishion & therevpon we ar in danger to be Evened 
& vndon vnles the lord do move yo"" harts to ptect vs with 
yo'" assistance. 

I do not hereby |3sume to derect you but humbly Craue 
leeve to shew myne opinnion which is that if you will be 
plesed to writ but yo"" Jenerall lettar to our oposits to deter 
them from there illeagall psedings and a lettar to our people 
of legonia to advice & incoridg them that notwithstanding 
m'" Vines & the rest do oppose that they may & ought to 
adheare to m'" Rigbis lawfull Athoritie, I hope you shall not 
nede to put yo'' selues to any farthar truble to finish the 



OF THE STATE OF MAINE. » 

worke, and in so doing you will mch obblidg m"" Rigbie vnto 
you all who would doupless haue sent ovar othar ordar at 
this tyme if bee' had knowne the Injvris oftered him and vs- 
Thes lettars now Com ar An Answere of my lettars sent to 
him vpon my first arivall, & not of the last the of 

the Comishion as you may se by the date of them, I here- 
withall send you m'" Rigbis lettar of Requst to you & allso 
a lettar of his to mee whereby you may see how the parlia- 
ment aproveth of his psedin and that we may expect farthar 
ordars forthwith, and in the Intrim we do most humbly 
besech you to afford vs such spedie assistance as the nesses- 
itie of our j^sent Condishion Requireth and we shall for 
euar pettishion the throne of grace' for you all and rest 
yo'' humble Sarvants 

month clay 

Cascoe this 5 3 
1645 

Georg Cleeve for & in 
behalfe of the people 
of Lio'onia 



we haue heere sent you sevarall depossions takne before vs 
Consarning Robart [Nash] of Boston m'"T[ucker] beinge an 
assistant Athorised by m"" Rigbis Comishion vnde'r his hand 
& sealle vntill the Jenarall Court shall eleckt there magis- 
trats and assisters. 



Deed JSTic. 8hapleigh to Wm Bartley June 26. 1648. 

To all Christian people vnto Avhome these p^nts shall come 
Nic : Shapleigh, Merchant now Resident in new England 
seudeth greeting in o'' Lord god everlasting : Know yee that 



10 DOCIBIENTAKY HISTORY 

I the s*^ Nicholas Shapleigh for au in Condsideration of on 
thousand five hundred pounds lawfull mony of England to me 
in hand paid by William Bartley of great Saint Ellens in 
London Esquire whereof I the said Nic : Shapleigh doe ac- 
knowleidg the receipt and thereof doe acquit and discharg the 
said william Bartley as alsoe for diuers othe'r good cawses and 
valluabl Conseiderations me the said Nich : Shapleigh heare 
vnto moueins: haue graunted Barganed sould assino'ned and 
set ouer and by these presents doe fully freely and absolutely 
graunt Bargane sell assinge and set ouer : to the afforsaid 
William Bartley : all my lands bowsing goods fish fishing 
Craft boats and all other things to the fishing trade belong- 
ing or any waise appertaing there vnto : together with all 
my hole estat be it reaall or personal 1 which I now haue orr 
shall haue ore ough to haue in new England in america : To 
haue and to hould all and singlure the afibresaid primises 
and euery part and percel thereof with appertinances to the 
s*^ William Bartley his heirs and assigns for euer & that the 
sd william his heires & assingnes shall for euer he 'are after 
shall peasably and quiatly haue hould & inioy the afforsaid 
primises with appertanenc* & euery part & percell thereof 
w^'^out the le't trouble & deniall Euetion ore exspultion of me 
the said Nicholas Shapleig ore of any othere person ore per- 
sons whatsoeuer lawfully Gleaming the same or any p^ or 
percell thereof from by ore vnder me the said Nic Shap- 
leigh in witnesse wereof I haue heare vnto sett to my 
hand & scale the 26'^^ of June 1648 
Sealed & deliuered in the Ni8 Shapleigh 

p^nts of vs 

Antipas Mauereick 

Humphry Chadbroun 

This is a true Coppie of the originall 
taken by me Basill Parker Record 



OF THE STATE OF MAINE. 11 

Kittery to he re'ceived under the Governme'nt of Massachu- 
setts if, &c. Oct. 31. 1651. 

Whereas by the extent of the Lyne of o'' pattent it doth 
appear that the Towne of Kettery & many myles to the nor- 
ward thereof is comprehended w"' in o"" graunt, & forasmuch 
as this Court hath been informed that there hath bene a 
late indeav'" of seQall psons thereabouts to drawe the Inhab- 
it'^ of Keliery &c whoe governe now by combinacon to 
peticon the parlani* of England for a graunt of the sd place, 
w°'' the maior pte of the Inhal)it'' refused to doe, many of 
them expressing their wilhies rather to submitt themselues 
to the goQ of the massachus*^ 

This Court takeing into consideracon the premisses 
togeath'" w"' y° coniodiousnes of tlie RyV of Pask : & how 
^inditiall it would be to this goulm* if the aforesd place & 
Rj'ver should be' possessed by such as are not ffriends vnto 
vs hath ordered that a Loveing & ffriendly, tre be sent from 
this Court to the sd Inhabit*^' of Kettery &c. acquaynting 
them w"' o"" aforesd right &c & Commission graunted to A. 
B. C. D. &c to treate w"' them & according to instruccons 
gyven to receaue them vnder this goSni* if tearmes of 
agreem* caii be concluded vpon by mutuall consent, other- 
wise haueing made knowne o'" right & 1yd clayme to the 
place, to ptest agst any forth'' pceeding by virtue of their 
combinacon or any otli"" interest whatsoeuer/. 

M"" Bradstreete major Dennison. & Cap' Hauthorne are 
Commissions Voted by the whole Courte 
31: 8 1651 
^° E R. s. 

Voted. M'' Bellingham & m'" Simonds to draw vp the 
letter and Jnstruccons accordingly 31. 8 1651. 

mo 

by y° whole Court E R : S : 



12 DOCUIVIENTARY HISTORY 

Grant to Thomas Broughton. 

Sept. the 18. 1651. 
By the toune of Keitere'y granted vnto m*^ Thomas 
Broughton a sertaine trackte of land ajoyneinge vnto the 
falls att quamphegon as followeth bounded on the South side 
with a little fresh runet of watter & marke'd trees att the 
head of the same runett of watter Humphrey Chadburne 
bounds Joyne'ing vnto it South l)ounded on the north side 
with a fresh creake next vnto the samon falls & soe back- 
warde by the same bounds m"" Richard Leaders line goeth in 
to the woods. 

per me Humphrey Chadburne 
tonnes man & recorder for 
the toune of Keterey 



That whear as ther is a sertaine parsell of land & fall of 
watter lieinge at newichewanicke & within the toune shipe 
of Keiterey & called by the name' of Quamphegon & which 
was Improued by an Indian named Sagamore nV Roules & 
sould by him vnto Thomas Spencer liueing att Newitchewa- 
nicke & the said Thomas Spencer sould the same parsell of 
land & halfe that fall of watter vnto m'' Thomas Broughton 
which purchase of m^' Broughton & the sale made by Thomas 
Spencer is aproued of to be legall by the whole toune of 
Keiterey att a toune mectinge there & then holden the 18 
day of Sept 1651 

per me Humphrey Chadburne 
tounsman & recorder for 
the toune of Keiterey 



OF THE STATE OF MAINE. 13 

The Humble Petition of Thomas Broughton to the honored 
Generall Court now sitting at Boston October 31. 1651 
Sheweth that whereas it hath pleased this honored Court 
to grant unto M'' Broadstreete and Captaine Wiggin upon 
theire petition a parcell of lands lying on the other side of 
nitchawannock greate river I thought it my dutie to advise 
this honoured Court that the land granted is the purchase at 
a greate rate and proprietie of your petitioner for want of 
information in which thing this honoured Court hath granted 
that which may tend to the greate damage of your petitioner 
wherefore your petitioner humbly requests that the evidence 
of this my right may giue occation to this honoured Court 
to put a period to any proceedings on that grant to the 
aboue said petitioners soe shall your p'"sent petioner be 
Oblidged to remaine 

Your humble servants 
to be CoiTianded 

Thomas Brouffhton 

The Magistrates Desire to know now the mynde of o*" 
brethren the Deputies what they think meete to be Done 
concerning this Petition 

Edward Rawson Secret 

Voted that this peticon is Referred to be heard and Deter- 
mined at the nex* Courte of Eleccou : Ed : Rawson Secret : 
31: 8 1651: 



The comitee se cause to refer the piticion : to Douer : 
where we couce'' he is to rec*^ that sattisfactione that belongs 
to hime : in answer thereto : 

Simon Willard in the name of the Rest. 



14 DOCUMENTARY HISTORY 

Protest of Commissioners of Massachusetts July 9. 1652. 

In the Towneshippe of Kittery in the Province of Maine 
against the great Harbo' 

Whereas wee Wilim Hawthorne John Leveret and Henry 
Barthohnew appointed CoiTiissioners as may appeare by 
Order from the Generall Com't of the Massachusetts beare- 
ing date the 11"^ day of Jmie 1652 to repaire to and treat 
with the gentlemen of tlie Eastward in the Province of 
Maine according to which order & Comission wee the 
aboue named haue repaired to, and had some conference 
with M'' Edward Godfrey Nicholas Shapley Richard Leader 
Thomas Withers and Ed\vard Rishworth who declai'ed them- 
seliies'to be the psons in present power for the Ordering and 
manageing whatsoeuer might ])ee of concernem^ to the people 
of the said Province though the said psons produced noe 
Comission therevnto, either one or other Wee therefore the 
aboue named Wittm Hawthorne John Loueret and Henry 
Bartholemew doe hereby declare vnto the Inhabitants of the 
said Province of Maine and to all people whome theis may 
Concerne that there doth not appeare to vs any power or 
right of power that the said Edward Godfry Richard Leader 
&c hath of Regiment in the said Province but that the said 
Province and all the tract of Land within the same doth lye 
within the Lyfnitts of the Pattent of the Massachusetts and 
soe by graimt and Charter vnder the broad Scale of England 
to be vnder the Juresdiccoii! thereof, further wee doe declare 
in the name & on the behalf of the Juresdiction of the Mas- 
sachusets that all the inhabitants within the said Province 
that shall submitt therevnto shall freely & quietly possesse 
and enioy all their landes goods & chattells appe'rtayning to 
or possessed ))y any or euly of them haue Right & jjhall 
equally share in all acts of favor & Justice w*^"^ by vertu3 of 
Gouerne'ment any other the Inhabitants within the said 
Juresdiction doe or may expect to enioy vpon the p'misses 
recited we the said Commissioners of the Generall Court of 



OF TKE STATE OF MAINE. 15 

the' Massachusetts doe declare and protest against an}^ pson 
or psons within the said Province their exercize of Juresdic- 
tion ouer the Inhabitants within tlie same or any pt thereof 
after the Tenth day of October next ensueing the date hereof 
without Order from the Generall Court or Counccll of the 
Massachusetts In witnes \Yhereof Wee haue herevnto put 
to our handes this 9"' day of July 1652./ 

W°^ Hauthorne 
Jn" Leuerett 
Henry Barthohnew. 



Ansu'er to Protest. 

pischataqua : July : 9 : 52/ 
province of 
Mayne 
Where as we Edward Godfrey, Gouernor, Richard Leader, 
Nicholas Shapleigh, Thomas Withers, and Edward Rish- 
worth, sworne Magestrates unto y° prouince of Mayne, haue 
receaued a paper in nature of a protest from Captajne Wil- 
liam Hawthorne Captaj John Leverett, & Hen : Barthohnew, 
intimating to us y* we shewed no Commission to one or 
other : To which we answere, If either they or thejre princi- 
ples did or had showed any Commission or pouer of Comand 
from the parlament of England, or Cousell of state we would 
haue giuen an account : And for thejre words of declaration 
to y^ inhabitants of the prouince in generall, & all people y* 
our pouer to them apperes not, & we haue' no pouer of 
Regement, & y* the tract of Land of all this prouince of 
Mayne is with in the Lymitts of the Massatusetts : Yet it 
doth & shall appe're y' wheare y^ bounds we're sett many 
yeares past, both before & since many pattents granted for 
y^ propagating the Countrey, & 35 thousand pounds spent 
in it ; A lawfuU jurisdiction hath beene exercised by some 
of us 20 yeares, acknowledged & owned by you of the Mas- 



16 DOCUMENTARY HISTORY 

satusetts : & approued & justifyd in England; & w^'as now 
these Gentlemen do Come with a declaration minitory in the 
name & behalf of the Jurisdiction of the massatusetts, That 
the inhabitants y* shall submit unto them shall freely & 
quiettly enioy & possesse all y'' Lands, goods & chatties with 
equall fauo''s in acts of Gouerment : These proposalls are not 
meete in our Judgments, the place, tyme, & p''sons Consid- 
ered tends to discord, we patiently beare them, & submit to 
be iudged by those, whome we acknowledge to be our 
supreame Judges. 

For y'"" protest against exercise of Jurisdiction, we intend 
& resolue to proceed till lawfull pouer Coinand otherwise : 
In testimony w'' of, we do hereunto subscribe, at y" day 
aboue written/ 

Edw Godfrey GoQ 

Rich : Leader 
Nic : Shapleigh 
Tho Withers 
Ed : Rishworth 

Letter Edivard Godfrey to [^Edivard Raw'\son, Secretary to 
the General Court of Massachusetts, July 9. 1652. 

Sir 

I receaued a letter bearing date 12 : d : M : 4 : 52) signed 
by your selfe w'' in we pceaue you are owned by the state 
of England, vnder the Couert of whose wings our safety 
doth cheefely de'pend : For your information of the Grand 
pattent of plymouth sued to a quo warranto : It noe way 
toucheth us : the fall of other pattents y"" by, is onely but 
your Conjecture, seeing y* an act of parlament about 28 : 
Nove'b : 48) doth seeme to euince the Contrary: For 
our perusall of your pattent, & line : AVe apprehend y® 
bounds yrof were sett more than 20 years last past, at the 



OF THE STATE OF MAINE. 17 

sea side, and soe vp into the Countrey from sea to sea 3 
miles on this side Meremacke, as all other pattents were, 
which are not lesse th[an] tenn in Number y* we |3ceaiie by 
the extention of your nthn Line, you do now endeauour 
to ingraspe : For subduing & clere Land : A possession is 
good (true but what tract immunitys & priuileg Ave have 
(is doubtfull if we part with, them we shall be straytened 
As for soe many yeares past you did not prohibite any for 
sett [ling] or procuring pattents : For our Committing either 
a trespasse vpon you or unaduisadly to gather a Cracked 
title to our improuements & possessiones, I hope must l)e 
as in your letter long since you Counselled us, left to those 
whome it Concernes to determine : If this 21 yeares you 
haue beene Contente'd y^ we should gouerne by uertue of a 
pattent with distinct acknowledgment of our lawfull au- 
thority, & haue keept good Corresponden[cy] with us : We 
much maruell, how you should now be discontented 
which we neither haue, nor we hope shall giue you any iust 
occasion For resisting any pattent, or encroaching vpon yo"" 
jurisdiction we utterly disowne : For submitting anie pat- 
tent to you, if you haue right yrto it needed not : fFor a Con- 
siderable party of the people we know of none (two onely 
excepted) whose ill deportments haue been such, as the 
hand of justice hath borne witnesse aganst, as well amono-st 
your selues as us : & were the Number of such jpsons more 
Considerabl it were little Honour for you to proceed vpon 
such an account : For y'" pretended Jurisdiction ouer our 
^sones & lands not appropriated as you say : They are appro- 
priated to us, & must not soe easily be parted with : For 
shayring of your fauo'"' to us (by your fauours Gentlemen) 
we' are loath to part with o"" pretious lybertys for unknown 
& uncerten favours : For Harkening to submitt to you, & 
your protest aganst us for any further procedings either by 
pattent or Combination : We resolue to exercise our just 
jurisdiction, till it shall please the parlament of the Common 
2 



18 DOCUMENTARY HISTORY 

wealth of England otherwise to order, vnder whose pouer & 
prote'ction we are : For your streight line from the East sea 
to the west sea : I maruell you goe from your bounds to the 
Inland : For artists to measure your extent, in occasion, if 
necessity require us, we shall understand a little Geogrify 
or Cosmogrifie : For peace & equity, we haue euer aymed 
at, & still continewed, & will to y*^ uttmost of our pouers 
endeauor the glory of god, peace, & good of the Countre'y 
in generall/ 

Thus I rest 

Y<^ Lo. ffreind 

Edward Godfrey Gou® 
Pischa : prouince of Mayne 
July: 9: 1652) 

Latitude of the JSTorthermost part of Merrimack River Oct. 
19. 1652. 

The Answer of John Sherman serj' at Watertowne and 
Jonathan Ince Student at Harvard Colledge in Cambridge 
to Captaine Symon Willard and Cap* Edward Johnson Com- 
missioners for the Generall Court held at Boston May 27 
1652 concerning the' Latitude of the Northermost pt of 
Merimack Riuer. 

Whereas we John Sherman & Jonathan Ince were pro- 
cured by the aforesaid Commissioners to take the Latitude 
of the place aboue named Our Answer is that at Aquedahtan 
the name of the head of Merrimacke where it issues out of 
the lake calle'd Winnapusseakit vpon the first of August 
One thousand six hundred fifty two we obserued and by 
obseruacoS round that the Latitude of the place was forty 
three degrees fourty minutes and twelve seconds besides 
those minuits which are to be allowed for the three miles 



OF THE STATE OF MAINE. 19 

more North which Rune into the Lake In witnes whereof 
wee haue subscribed our names this 19'^ October 1652 
John Sherman Jonathan Ince 

Jur coram me Joh Endecott Gone 



Civil Government to be settled atKittery, (&c Oct. 23. 1652. 
Contradicentes To o*' trusty & welbeloued ffriends A. B. 
Tho Clarke C. D. &c. Whereas y" are chosen Corn- 

Rich Walda'in ission'"' by this CourfTcT settle the cyvill 

Jer Houchin goRm* amongst the Jnhabitants of Kit- 

Tho Da vies tery the He of Shooles Aggamenticus, 

& soe to the most northerly extent of 
o"" pattent. Y" are hereby authorized & required w'"" all con- 
venient Speede to repaire to those pts & there, by sumons 
to assemble the Inhabitants togeather in some place w'''' y" 
shall judge most convenient, & to declare vnto them o"" just 
right & Jurisdiccofil ouer those tracts of Land, where they 
inhabitt requiring their subieccofi therevnto. Assuring them 
they shall enioy equall gteccofl & p'"viledges w*^ o'' selues 
ffurther wee doe hereby giue & graunt vnto y" 

full power & authoryty to sumon & keepe a Court 
or Courts there to heare & dete'rmine all causes civill & 
criminall according to the power & aucthoritie of o' Countie 
Courts, to nominate & appoynct Comission" administer 
oathes to them & inve'st them w*^'' such power as y'selues 
or the Maior pte of y" shall judge meete : as also to 
appoynct & sweare Constaliles & such other officers as 
y'"' shall' judge needfuU for the p'"servacofi) of the peace, 
to contirme & settle gpryeties, to graunt previledges & 
immunityes, & to se'ttle the GoQm'. there. & ffurther to 
doe & act in the p^'misses or any thing of like nature, for the 
ends aforesd (till this Court shall take furth"" order therein) 



20 DOCUMENTARY HISTORY 

as in y"" wisedome's & discrecofl y" shall judge most to con- 
duce to the glory of god, the peace & welfaire of the people 
there, & the mainetenance of o"" owne just rights & interest. 
And wee doe hereby will & re'quire all magistrates Comis- 
sion'"s Capt & all othe'r officers cyvill & millitary w*''in the 
County or Norfolke & all Inhabitants of the He of Shoole's, 
& beyond the Ryver of Paskataq w*''in the Lymitts of o"" pat- 
tent to be aydeing & assisting to theis o"" Comission''s as they 
shall see cause to craue or require and in confirmacofil hereof 
wee haue caused the Scale of o*' Colony to be herevnto 
affixed this 23 day of Octob-" 1652. 

Voted by the whole Court Edward Rawson Secret :/ 

Some lines of y® Patten* Cap* Hawth R,i : Bellingham 

Comission''' protest Simon Bradstreete/ 

Courts letter m"" Godfry' letters Daniel Denison 

the act of such as lately laid W"" Hathorne 

downe y^ lyne S'' Inch &c Jn" Leverett 



JVotice from the Commissioners of Massachusetts, JVbv. 13, 
1652. 

Gentlemen & frends 

Whereas we are chosen & appoynted by y® gefilall Court 
holden at Boston in octob last to settle the civell government 
amongst the Inhabitants of Kittery the He of Sholes Agga- 
menticus (them soe called & now named York) & soe on to 
the most northerly extent of the Patent of y*' Massachusetts 
in order wherevnto we have addressed our selves to the two 
Townes before mentioned And although at our Comeing we 
found that they were full of questions & objeccons against our 



OF THE STATE OF MAINE. 21 

right Yet through the goodness of god vpon full debatements 
& our interest clearly vnderstood as alsoe the Scope' & end in 
this busines namely to advance the glory of god & the mutuall 
strengthening of the English against any enemiss that may 
else more easily make a pray of vs) The said Towne's have 
y^rth fj-ee & full consent acknowledged their subieccofil to the 
governm* of y® Massachucetts aforesaid Now gentlemen these 
are to signifie vnto you the ComissioEs doe intend to repaire 
to your parts in the Spring tyme for the ends aforesaid not 
Doubting but you will soe seriously consider of y® matter & 
be p'"pared in the meane tyme that the said Comissiofils vpon 
conference with you shall finde acceptable, & ready compli- 
ance therein according to their iust demand & interest You 
may alsoe vnderstand that it is not the intent of the Court 
nor of their Commissiofils to take away any mans gpriety but 
rather to confirme the same, as alsoe to grant what imunities 
& priviledges shall appeare to be' meet. Thus comending 
you to the guidance' & gteccofil of y*^ almighty we take our 
leave & rest 

Yorke 13^*^ of Novemb 1652./ Yo^ loving frends 

Simon Bradstreete 
this is a true ^ Samuel Symons 
coppy./ 3 Tho : Wiggin 

Bryan Pendleton 



22 



DOCUMENTARY HISTORY 



We whose names are vnder written do acknowledg 
our selves subject to the government of the Mas- 
sachucetts Bay in New England./ 



w c 

William Chatburne 



Hugh gunison 



the mark 



hf 



of A 



^ A Nicholas ffrost 
Humphrey Charburne 

Abraham t; Cunly 

Thomas ^-^ Spencer 
Anthony /— O Emery 
Reginald A/ Jenkins./ 

John /> White 



Thomas 



:) 



Jones 



Dennys IQ Downing 



Thomas ^ 



Purston 



Tho Withers 
John Wincoll 
John Liman 
Charles ffrost 
Richard O Nason 
Robert y\^ waymouth 
Jhon Greene 
hujbrecht Matton 
Go wen Willson -^ 
Willi Pallmer 
mary ^) bachiller 

Sheires 






X« 



o 

1-5 



Jerem 



Joh 



Aandrews 



iah/J^ 

Robert n /^ Mendum 

Daniell Paull 
Nic Shapleigh 
John Hord 
Daniell Davies 
The marke of 

Ryse 1 Thomas ; 

John Diamunt 
Thomas Spynny 



OF THE STATE OF MAINE. 23 

Return of the Massachusetts Commissioners, 

The Returne of the ComissioSs who vpon the Comission 
bearing date 28'^ of octob 52 directed to them (amongst 
othrs) did repaire to the Inhabitants of Kittery, & further, 
towards the Northward, to settle the Civell government 
amongst them./ 



B 



)y virtue of the Comission above mentioned, (the origi- 
nal! remayning vpon Eecord, in the acts of the gefilall Court 
of the Massachusetts) m"" Simon Bradstreet m"" Samuell 
Symonds Cap* Thomas Wiggin & m"" Brian Pendleton repair- 
ing to Those parts & having sumoned the Inhabitants of 
Kittery to appeare before them they did hold a Court there 
Novemb 16"^ 1652./ 

Then whilest matters were in debate betweene the Inhab- 
itants & the Comissiofils complaint was made against one of 
them named John Bursly : for threatening words against the 
Comissiofils & such as should submitt to the government of 
the Massachusetts 

The wittnesses nominate'd were Charles Frost & Michaell 
Brand./ 

The said Bursly vpon his exeminacon at length in open 
Court did confesse the words ; & vpon his submission was 
discharged./* 

After longe' agitacofil w*^ the Inhabitants about the wholl 
busines in hand they offe're'd to come vnder the government 
of the massachusetts gvided that the Articles & conditioi;s 

*At a Court holden at Kittery m' Simon Bradstreet m"' Samuell Symonds Captaine 
Wiggin & inr Brian Pendleton Comissions from y« Genall Court of the Massachucetts in 
New Engl: Novemb le'ti 1652. | 

John Bursly complained of for speaking of threatening words against the' Comissions, 
& such as should submitt to y gouernm' of y" Masschucetts. 

a of witnesses viz Charles ffrost Michaell Brand 

conf est : And upon his submission be was discharged. | 



24 DOCUMENTARY HISTORY 

tendered by themselves might be Received as the ground 
thereof : which being wholly denyed by the Comissiofils who 
tould them they must first submitt to the government and 
then they should be ready to afford them such priveledges & 
imunities as they should tninke meet to grant : where vpon 
at length 

we whose names are vnderwritten , doe acknowledg our 
selves subiect to the governm* of the Massachusetts 



w c 



William Chatburne 
&c &c &c 

The Inhabitants of the Towne of Kittery having submitted 
as above ; the Comissiofils did grant vnto them as foUow- 
eth viz : 

Novemb 20*'^ 1652 
"Whereas the Towne of Kittery hath acknowlenged them- 
selves subject to the government of &c 

Subscribed 

Simon Bradstred 
Samuel Symonds 
Tho : Wiggin 
Brian Pendleton./ 
After this were 
Thomas Dunston & Robert Mendham chosen & sworne 
Constables for the Towne of Kittery./ Philip Babb of hog 
Hand appoyted & authorized Constable for all the Islands of 
Sholes except Starr Hand./ m'' Hugh Gunnyson was licenced 
to keep an ordinary & to sell wine & Stronge water and for 
one yeare is to pay but Twenty shillings the Butt// 

Then was granted a Comission vnto m"" Brian Pen- 
dleton m"" Thomas Withers & m"" Hugh Gunnyson 
to the like effect as that following granted to the 
gent of Yorke saving that m"^ Gunnyson was only 
chosen & authorized as a assosiate./ 



OF THE STATE OF MAINE. 25 

The names of y^ p''sent Jnhabitants of Kittery viz :/ 
Inhabitant of Kittery. 



A list of the names 

M'' Richard Leader 
Thomas Spenser 
Humphry Chadborn 
Richard Nason 

M"" George Leader 

M'" John Wincoll 
Nicholas ifrost 
John Bursly 
John Hord 
Abraliam Conly 
John Whight 
Anthony Emmory 
Renard Jenckin 
Danne'l Danes 
Thomas Dunston 

M"" Antipas Mauereck 
William Chadiborn 

M'' Nicholas Shaplegh 
William Averret 
. Thomas Jones 
Dennes Dounia 



of the Inhabetanc of Cetterry 

John Grene 

Robert Waymoth 
M"" Ruperd Mattoun , 

John Simmons 

Daniel! Pavil 

Thomas Spenny 

William Pamer 

Robert Mendom 
M^ Thomas Wethers 

John Dyment 

Ryes Thomas 

Joseph Milles 
M'^ Hugh Gonison 

John Andres 

Charles ff rost 

Jeremy Sheres 

Mary Batcheller 



•f/- 



J 



The Graunt to Kittery. 

Nouember 20^^ 1652. 



Whereas the Toune of Kittery hath acknowledged them- 
selves subject to the Gouernmeut of the Massachusetts Bay, 
in New England, as by the subscription vnder their hands 



26 DOCUIVIENTARY HISTORY 

bearing date the' 16th of this Instant it doth Appeare, wee 
the Comissione''s of the Gennerall Court of the massachusetts 
for the setling of Gouernment amongst them and the rest 
w^^in the bounds of their charter Northerly, to the full and 
Just extent of theire line haue thought meete' and Actually 
Doe Graunt as foiloweth viz. 

1 That the whole tract of land beyond the Riuer of 
Piscataq^ northerly togethe'r w'*^ the He of shoales, w^'^in our 
sajd bounds is and shallbe henceforth a County or shire ; 
called by y° name of Yorkshire. 

2 That the People Inhabitting there shall enjoy p''oteccon 
jequall acts of favour, & justice, with the rest of the people 
inhabitting on the south side of the Riuer Piscataqj, w*''in the 
limitts of ou'' whole Jurisdiccon. 

3 That Kittery shall be and remajne a Touneshipp, & 
haue and enjoy the priviledges of a Toune as others of the 
Jurisdiccon haue & doe enjoy :/ 

4 That they shall enjoy the same bounds that are cleare 
betweene Toune and Toune as hath ])inn formerly graunted : 
when Commissione''s of each bordering Toune hath vejwed 
and Retourned to vs or to the Gennerall Court theire 
survey./ 

5 That both : each Towne and euery Inhabitant, shall 
haue and enjoy all their Just proprieties, titles and Inter- 
ests, in the' howses and lands which they doe possesse whither 
by graunt of the Toune or of the Indians :/ or of the former 
Gennerall Courts. 

6 That the Toune of Kittery by theire freemen shall send 
one deputy yearely to the Court of EUeccon and that it shall 
be in theire liberty to send to each Court two Deputies if 
they think good :/ 

7 : That all the p'sent Inhabitants of Kittery shall be 
freemen of the Country and having taken the oath of free- 
men shall haue liberty to give theire votes for the election 



OF THE STATE OF MAINE. 27 

of the GoQno^ Assistants and other generall officers of the 
County e. 

8 That this County of yorke shall have County Courts 
w*''in them selves in the' most Comodious and fitt places as 
Authority shall see meete to Appointe :/ 

9 That euery Towneshipp shall haue three men Approoved 
by the County Court to end sraale Cawses as other the 
Towneshipps in the Jurisdiccon hath where no magistrate or 
Comissione' Resideth. 

10 ; That the three shall or may haue three Associates to 
Asist such Comissioners as the p''esent Comissione'"s or 
Authoritje of the Massachusetts shall send and such magis- 
trates as shall voluntarily Come vnto them from time to 
time./ 

11. That the Inhabitants of y® County of Yorkshire shall 
not be draune to any ordinary gennerall Traynings out of 
theire owne County w^'^out theire Consent. 

12. That the Inhabitants of Kittery shall also have the 
same priviledges that Doner hath vppon theire Coming vnder 
theire Goflment. 

13 That all such as haue or shall subscribe voluntarily as 
the Rest haue donne before the ending of this Courte shall 
haue the priviledge' of Indempnitje for all acts of power 
exercised by the former Gont. vntill the protest for and in 
Respect of such Criminall matters as are breaches of poenall 
lawes w^^'in the whole government, provided that Abraham 
Cunly hath libe'ty to Appeale in Respect of his Case 
wherein he was fined te'nn pounds Ann°. 51 :/ 

14 Provided Alwajes that nothing in this ou*" Graunt shall 
extend to determine then Ifringing of any psons Right to 
any land or Inheritance whither by Graunt by Pattent or 
otherwise' where possession is had but such titles shall be 
left free to be heard and determined by due Course of lawe : 

Provided and it is heereby declared that nothing in this 



28 DOCUMENTARY HISTORY 

graunt shall extend to Restrajne any Civill accon or Review 
for formr Ciuill Cawses which Reveiw shall be brought to 
any of our Courts w*''in one yeere now Ensuing. 

And whereas there are Certajne Debts and Imposts due 
to the Inhabitants of Kittery and Accomenticus and some 
debts which are owing from them to pticcular persons for 
publick occasions Itt is therefore Ordered and Agreed that 
m'' Niccolas Shaplejgh shall have power forthwith to collect 
such some or soiiies of money as are due to the aforesajd 
Inhabitants and pay such debts as are Justly dew from them 
and give an accompt thereof w^'in one month to the Comis- 
sion's that shallbe then in p'"sent being and if it shall then 
Appeare that there is not sufEcyent to discharge the peoples 
Engagements it shall be supplyed by way of Rate according 
to the former Custome/. 

Symon Bradstreete. 

Samuell Symonds. 

Tho Wiggin 

Bryan Pendelton 



The Grant to Kittery. 

Novemb 20"^ 1652 
Whereas the Towne of Kittery hath acknowledged them- 
selves subject to the Government of y® Massachucetts in 
New England as by the subscripcofil vnder their hands the 
writing whereof bearing Date the 16*'^ of this Instant it doth 
appeare, We the Comissiofils of the gehlall Court of the Mas- 
sachucetts for the settling of government amongst them, & 
the rest within the Bounds of their Charter Northerly, to the 
full & iust extent of their line, have thought meet & actually 
doe Grant as followeth viz. 

That the whoU tract of land beyound the River of Piscata(j 



OF THE STATE OF MAINE. 29 

northerly together w"^ the lie or He's of Soles, within our 
said Bounds is & shallbe henceforth a County, or Shire, by 
the name of Yorkshire. 

That the People inhabiting there shall injoy gteccofil, 
equall acts of favour, & iustice, with the rest of the People 
inhabiting on the south side of the River Piscataqj, within 
the liiliitts of our wholl Jurisdiccofil./ 

That Kittery shallbe & remayne a Towneshipp, & have & 
injoy the priveleges of a Towne as others of the Jurisdici;ofl 
have & doe injoy./ 

That they shall injoy the Same Bounds that are cleare 
betweene Towne, & Towne, as hath bene forui ly granted : 
when Comission^'s of each bordering Towne hath vieued & 
returned to vs or ge&U Court their Survey./ 

That both each Towne, & every Inhabitant, shall have, & 
injoy, all their just pprieties, & interests, in the howse's, 
& lands, which they doe possesse together by grant of y" 
Towne, or of y^ Indians./ or of y^ forni gefilall Courts. 

That the Towne of Kitte'ry by their freemen shall send 
one Deputy yearly to the Court of eleccofil, & that it shallbe 
in their libty to se'nd to each Court two Deputies if they 
thinke good./ 

That all the p''sent Inhabitants of Kittery shall be free- 
men, & of y'' Country : & having taken the oath of freemen 
shall have libty to give their votes for y® eleccofil of y*-" Gov- 
ernour. Assistants, & other gefilall officers of y'' Country./ 

That this County of York shall have County Courts 
within themselves in the most coinodious & fitt places as 
authority shall see' meet to appoynt. 

That every Towneship shall have three men approved by 
the County Court to end small causes as other the town- 
shipps in the Jurisdiccofil hath where noe Magistrate or 
Comissiofi! resideth./ 



30 DOCUMENTARY HISTORY 

That the shire shall or may have three associates to assist 
such ComissioQs, as the p"^sent Comissiofils, or Authority of 
y^ Massachucetts shall send or such Magistrates as shall vol- 
untarily come vnto them./ from tyme to tyme. 

That the Inhabitants of the County of yorkeshire shall 
not be drawne to an ordinary gefilall Traynings out of their 
owne County without their consent./ 

That the Inhabitants of Kittery shall haue alsoe the same 
priviledges that Dover hath vpon their Coming vnder the 
goverm*. 

That all such as have (or shall subscribe voluntarily as 
the rest have done) before the ending of this court shall 
have the priviledg of indempnity for all acts of power exer- 
cised by the former gout, vntill the gtest, & for & in respect 
of such criminall matters as are breaches of penall lawes w'^in 
the wholl goverment/ 

gvided that Abraham Cunly hath libty to appeale in respect 
of his case wherein he was fined x" Anno 51./ 

gvided allwaise that nothinge in this our grant shall extend 
to determine the infringing of any psons right to any Lande 
or inhe'ritance whether by grant, by patent, or otherwise 
whe're possession is had, but such titles shallbe left free to 
be heard & determined by due Course of la we./ 

Providsd & it is hereby declared that nothing in this 
grant shall extend to restraine any civell acohl or revew for 
forfii civell causes which revews shalbe brought to any of our 
Courts w*''in one yeare now insuynge./ 

And whereas there are certaine debts & imposts due to 
the Inhabit*^ of Kittery & Agamenticus, & some debts w'='^ 
are owing from them to pticular psons for publique occacons 
It is therefore ordered & agreed that m"" Nicholas Shapley 
shall haue power forth w"^ to collect such some or somes of 
money as are due to the aforesd Inhabit^ & pay such debts 
as are justly due from them & giue an accompt thereof w^'in 



OF THE STATE OF MAINE. 31 

one month to the Comission" that shalbe then in ^/sent 
being, & if it shall then appeare that there is not sufficient 
to discharge the peoples ingagem* it shalbe subplyed by way 
of rate according to their former custome 

Simon Bradstreete 
Samuel Symonds 
Tho Wiggin 
Bryan Pendleton 



The Coraission""^ Doe intend [at th]eir better leisure to 
write alsoe the grounds & pceedings to the concl 



Summons to the Inhabitants of Aggamenticus Nov. 20. 
1652. 

To the Inhabitants of this Towne, knowne, or called by 
the name of Aggamenticus, or Gorgiana, or by any other./ 

Whereas the Gefiall Court holden at Boston, in the last 
month Did appoynt vs whose name's are here vnder written, 
as by their comission vnder the Scale of y^ Colony of y^ 
Massachucetts doth or may appeare ; by sumons to assemble 
the Inhabitants of this Towne together, in some place 
w^hich we should iudge most convenient, & to declare vnto 
them our just right, & interest to, & Jurisdiccoh] over the' 
tract of land where you inhabite, requireing their Subieccofil 
therevnto : assuring them they shall enjoy equall gteccofil & 
priviledg w**' themselves : This is therefore to desire you, & 
in the name of y® government of y® Massachusetts, to require 
you, & ever^'- of you, to assemble together before vs at the 
howse of Nicholas Davis, betweene seaven & eight of y® 



32 DOCtnVIENTARY HISTORY 

clock on monday next in the forenoone, to the end aforesaid, 
& to settle the government amongst you : which we hope 
will tende to the glory of god, & to y® pe'ace, & welfare of 
y« whole. Dal 20"' day of Novemft 1652./ 
And you m"" Nicholas Davis Simon Bradstreet 

& m'" John Davis are here- Samuel Symonds 

by requiard & authorized Tho Wiggin 

to warne the Inhabitants Brian Pendleton 

abovesaid./ 



I o The Comissiofils being arrived at Aggamen- 

q 

<§ I ticus (then soe called) they granted their 

a 3 sumons to the Inhabitants to this effect 

« I ^^^ ' 

II To the Inhabitants of the Towne, knowne, 

^ ^ or called by the name of Aggamenticus , 

^ Z or Gorgiana or by any other name./ 

° 3 ' Whereas the gehlall Court holden &c &c &c Vpon 

"S I the 22"' of Nove'mb 1652 they held their Court the 

I ■« Inhabitants appeared. And afte'r some tynie spent in 

I 5 debatments, & many questions answered & obieccons 

Z p removed with a full & ioynt consent acknowledged 

=« o themselves subiect to the government of the Massachu- 

I I cetts in New England : onely m"" Godfry did forbeare 

S I vntill the vote was past by the rest and then iriiediatly 

;!! §* he did by word & vote expresse his consent alsoe./ 

I I The Comissiofils (soone after) granted vnto them 

.2 £ severall priveledges subscribed vnde'r their hands, w*^^ 

i f^ remayne with the Inhabitants there. It was to the 

Si 1 like effect with those of Kittery ; with some addicoQs 
wdiich addicofils followeth viz : 



OF THE STATE OF MAINE. 33 

Att a Court holden at a place now called 
Aggamenticus, or Gorgiana 22"^ of 
Noveml) 1652 by the Comissiofils afore- 
said./ 
The Inhabitants of the place aforesaid having joyntly 
acknowledged themsel'ves subject to the governm*^ of &c 
&c &c 

m.^ Nicholas Davis was sworne Constable : m'' Rishworth 
Recorder & clerke of the writts : m'' Henry Norton Marshall 
John Davis was licenced to keep an ordinary./ 
Arthur Bragdon lievetenant : Francis Rayner Ensigne. 
Jo : Davis & John Alcott Sergeants./ 

Then was the Comission granted to y® gent 
of York as followeth viz : 
"Whereas the gefilall Court &c &c &c 



Then there was a tre directed to the Inhabitants of Wells 
&c a copy whereof followeth viz : Gentlemen & frends &c &c 
3 



34 



DOCUMENTARY HISTOEY 



Imperfect List of Inhabitants of Yoi'Jc. 
"An impfect list of y'' names of y° Inha1)itants of Yorke." 



1 nir fffancis Rayner 

2 Tho: Crockett 

3 mr Ed. Godfrey 

4 mr William Hilton, 

5 Quid Goodman Lovis, 

6 William Moore, 

7 Jo" Harker, 

8 Jo" Allcocke, 

9 Robert Edge, 

19 Rowland Young, 

20 M-^ Hen Norton, 

21 George Parker, 

22 Nicho: Bond, 

23 Jo" Parker, 

24 Robert Hetherse, 

25 Andrew Euerd, 

26 mr Ed : Go"sone, 

27 Arthur Bragdone, 

28 Witt: ffreathy, 

29 Robert Knight, 

30 Hugh Gayle 

31 Witt: Ellingham, 



10 Hen: Donell, 

11 Nicholas Dauis, 

12 William Dixon 

13 Ed: Rishworth, 

14 Phillip Hatch, 

15 Ed: Stirt, 

16 Sampso Anger, 

17 Rice Codagone, 

18 Jo" Dauis, 

32 Jo" Dauis, 

33 William Rogers, 

34 Witt: Garne'sey, 

35 Jo" Twisdale Senio'' 

36 Jo" Twisdayl Junio"" 

37 Samtt Allcocke 

38 Rich : Bankes, 

39 Thomas Courlous 

40 mr Abrah : Preble 

41 Mary Topp 

42 Joseph Allcocke 
Cap. Nuttache' 
mr Jo" Gouge, 
Peter Wyre, 
Ed : Wentom, 
Syluester Stover, 

Mr Tho : Wheelewright, 



philip [Adams] 
gorge [Beanten] 
thomas [Dennell] 



OF THE STATE OF MAINE. 35 

Grant to Aggamenticus. 

Att a Court holden att a place now called Ao-o^amen- 
ticus or Gorgiana 22"^ of Noueraber 1651. by the 
Comissioners aforesd: 
The Inhabitants of the place aforesd haueing joyntly 
acknowledged themselues subject to the GoUm* of the Mas- 
sachusetts in New England the aforesd Comission^« haue 
granted vnto them all the libertyes & previledges aboue 
specifyed & graunted to the Inhabitants of Rettery. & 
agree that the Towne now calledJ^gauLenticii&^hail hence- 
forth be called Yorke. 

It. that one Court shalbe kept yearly in the sd Towne by 
such magistrate or magistrates & other Comission'"^ as the 
gefilall Court of the Massachusetts shall from tyme to tyme 
appoynct & for the p'sent by such Comission" as shalbe 
authorised by the aforesd Comission'-^ of the massachusetts 
w<=" Court shall haue the same power for tryall of causes 
cyvill & cryminall aryseing in the County of Yorke as the 
other County Courts hath in the Massachusetts Jurisdiction. 
It. that such of the p^sent Inhabit'^ as shall take the oath 
of freedome shalbe thenceforth capable of gy veing their vote 
for the choise of Goh^no-- Assistants & other geflall officers & 
of being chosen to any of the aforesd places of hon-- & trust. 

It. that the County of Yorke shall not be drawne to any 
ordinary geflall traynings out of their owne County w^'out 
their consent. 

And it is furth-- agreed that the Inhabitants of Yorke & 
Kittery shall sett out their bounds l)etwixt them w'" in one 
yeare now next ensueing otherwise it shall be done by Com- 
ission" appoyncted by the geflall Court, & the head lyne of 
Yorke bounds into the Country shalbe in a straight lyne by 
the southeast syde of a certaine pond aljoute 2 myles into 
the Country beyound the northerly ))ranch of a certaine 
marsh nowe impued by some of the Inhabitants of Yorke & 



36 DOCUMENTARY HISTORY 

soe to the devision lynes betwixt the Towne's before men- 
tioned, & if it soe fall out that any pte of the marshes now 
reputed to belong to Yorke & impued by the Inhabit'* 
thereof shall fall w*^ in Kettery bounds yet the gpriety of 
the sd marsh shall belong to the Inhabitants of Yorke to 
whome it is graunted and if any of the lands or marshes now 
reputed to belong to Kettery & impued by any of the Inhab- 
it'' shall fall w"4n the bounds of Yorke yet the ppriety of 
the sd land or marsh shall belong to such of the Inhabit'* 
of Kettery to whome it is graunted. 



Writing tendered by Mr Godfrey Nov. 22. 1652. 

This was tendered to the Couiissiofils by m'' Godfry & 
their answere followeth./ 

Whereas wee whose names are here vnder subscribed 
being appoyinted Coiuissioners from the Generall Court 
mattachewsets to settle the Estern parts vnder the Gouer- 
ment of the Mathechusets by power from them deligated to 
vs finding that m*" Godfrey of Agamenticus hath not onely 
binne first planter in the sayd Riuer liueing here Twenty one 
yeares long before and euer a great furderer for ppagating 
and popelating the Country in general to his great charge 
and payments procured a pattent for him selfe and euery 
assotiate for this Riuer which by the petition of the inhabi- 
tants and order of Court was divided amongst them as l)y it 
and the dividants apeare : 11 : years past vpon which diui- 
dents of his and his owne assotiates he hath settled diners of 
his seruants vnto whom he was and is bound to giue 50 
acres a man and diners other ffarailies as by his patent he 
mio'ht : 15 flamilies allready setled and diuers of his aliants 
are to come thither to setle for these Considerations and 



OF THE STATE OF MAINE. 37 

others there vnto mouemg doe ratifie and Confirme vnto him 
and his owne Assotiates there ay res and Execators for euer 
all such lands and diuidents as were ether deuided possesed 
and apropriated to him or them ratifiing and Confirming the 
same and what lands or hereditararments by vertue thereof 
or by his wright he hath alienated giuen or disposed of for 
any seruises or reseruations and his grant we hold good and 
valewed without any molestation from the Jurisdiction of the 
Mathechusets and these we ratifie and confirme to him and 
his Eyers giuen vnder our hands 22 Nouember : 1652 : 

Ansiver. 

Though we cannot subscribe to this wrighting of m*" God- 
fry because we have not certaine knowledg of what is 
aledged nor time at present regularly to examin the mater 
yet we thought meet to expres our desires that neither n/ 
Godfry nor any other may be injuried nor sufl'er any 
damag by reason of his Charge of Gouerement and for such 
lands as were orderly diuided and layed out to him and his 
particular assotiats before they were apropriated to or 
improued by any other we think it but equall that he and 
his Eyers should in Joy the same for euer notwithstanding 
if our desire and present thoughts giue not sattisfaction to 
any that it may Concerne we leaue it to be determined by a 
due course of Lawe 

Yorke noiie" 23 152 ; 

f Simon Bradstreet 



Samuel Symonds 



I 



Brian Pendleton./ 



38 DOCUMENTARY HISTORY 

Civil Government Settled in York. JSFov. 23. 1652. 

Whereas the gefilall Court holden at Boston in octol3 last 
hath appoynted & authorized vs whose names are vnder- 
written to settle the Civell government in this place ; now 
called Yorke, in County of Yorkshire as by their Comission 
vnder the Seale of this Colony Dat 28"' of the foresaid octo^ 
doth or may appeare we therefore the sd Comission's w*h 
the free & full consent of the Inhabitants of the said Towne 
have & hereby doe constitute & appoynt the right Trusty 
m' Edward Godfrey m'' Abraham Prebble m'' Edward John- 
son & m"" Edward Rishworth Commissiofils invested w^^ full 
power & authority together w**" one assistant of the govern- 
ment of the Massachusetts to keep one County Court yearly 
att Yorke, & Every one of these Commissions hereby have 
magistraticall power, to heare & determine small causes like 
as other magistrates that are assistants have, wdiether they 
are of a Civell or of a criminall nature. Alsoe power is 
hereby given to any three of y" said Comissioiils assembled 
together betweene the County Courts, to heare & determine 
(without a Jury) in the sd Towne any Cause not exceeding 
ten pounds : any of the Comissiofils may grant suiiions or 
attachmments & execucons if need require. Any of y*^ said 
Comissiofils hereby have power to examine offenders to 
Comitt to prison vnles bayle be given & taken. Alsoe each 
of these Comissiofils have hereby power when they shall 
judge need full to binde oftenders to the peace or good 
behaviour. Alsoe Marriage shalbe solemnized by any of the 
Comissiofils according to lawe. Alsoe the County Court 
shall appoynt a Shire Treasurer to whome fines & matters 
of y*^ like nature are to be accounted & paid for the vse of 
the County. Alsoe any of y" said Comissiofils may minister 
the oath to such of the p''sent Inhabitants as shall desire to 
be made free. Alsoe two of these Comissiofils may till other 
order be taken grant or renew licences for ordinaries or sell- 



or THE STATE OF MAINE. 39 

ins; wine or stroiio:e water. Alsoe two of the said Comis- 
sionls hereby have authority to impower military officers 
vnder the degree of a Captaine. Alsoe power is hereby 
given to two of y® said Comissioiils & they are required to 
injoyne the Towne of Yorke to pcure the books of lawes & 
such alsoe as are not as yet printed & enacted since the last 
booke came forth in print, & it is intended that both gran 
Juryes & Juryes for triall shalbe sumoned for the County 
Court out of Yorke & Kittery gpcofilably. Gyven vnder 
our hands at Yorke this 23"' November 1652 

Synion Bradstreet : 
This is a ^ Samuel Symonds./ 

coppy S Tho Wiggin 

Brian Pendleton 



"A Coppy 

of y^ Comission to y® 

gent 

at Yorke"./ 

No 2 



Return of the Massachusetts Commissioners JVov. 23. 1652. 

The Eetourne of the Comission's who vppon the 
Comission Graunted by the gennerall courte bear- 
ing date 28"' of October 1652 viz. m'' Symon Brad- 
streete m"" Samuell Symonds Cap*^ Thomas Wiggins 
and m^ Brian Pendleton In Order to theire Comis- 
sion Repaired to those pafks : at theire Arivall at 
Kittery, they Sumoned the Inhabitants to Appeare 
before them 

To the Inhabitants of Kittery. 
Whereas the gennerall Courte holden at Boston in the 
last month did Appointe vs whose names are heere vnder 



40 DOCUMENTARY HISTORY 

written, as l3y theire comission vnder the Scale of the 
Colonic of the Massachusetts doth or may Appeare, b}"" 
Svmons to Assemble the Inhabitants of this Toune together, 
in some place which wee should Judge most convenient, and 
to declare vnto them our Just right and Interest to, and 
Jurisdiccon ouer, the tract of land where yo"^ Inhabitt, 
requiring theire subjection therevnto. Assuring them they 
shall enjoy equall ptection & priviledge w*"^ themselues : 
This is therefore to desire yo'^ & in the name of the govern- 
ment of the Massachusetts, to require yo"^ and euery of yo^ 
to Assemble together before vs at the howse of William 
Eueret betweene seuen and eight of the clocke in the morn- 
ing the 26"^ of this p-sent Nouember to the end aforesaid, 
and to setle the Gouernment • amongst yo^^ which we hope 
will tend to the glory of God & to the peace & welfare of 
the whole. Dated the 15^^ Nouember 52 & signed Symon 
Bradstreet Sam : Symonds. Tho Wiggin & Bryan Pen- 
dleton. 

Att the time appointed the Inhabitants Appeared, a 
Court was held. 

And whilst matters were in Debate betweene the Inhabi- 
tants and the Comissione^'s complaint was made against one 
Jn'^ Bursly for vttering threatning words against the Couiis- 
sione''s and such as should submitt to the Gouernment of the 
Massachusetts. Michaell Brande & Charles frost were wit- 
nesses against y*^ said Bursly : 

The said Bursly vpon his examination at length in open 
Court did Confess the words, & vppon his submission was 
discharged. 

. After long Agitacon %"' the Inhabitants about the whole 
business in hand they offered to Come vnder the Gouern- 
ment of the Massachusetts Provided that the Articles and 
Conditions tendered by themselves might be Received as the 
grounds thereof, which being wholly denyed by the Comis- 
sioners who tould them they must first submitt to the Gov- 



or THE STATE OF MAINE. 



41 



ernment and then they should be ready to Affoord them 
such priviledges and Immunities as they should think meete 
to gmunt : wherevppon at length they did submitt as fol- 
loweth :/ 

Wee whose names are vnder written Doe acknowledge 
ourselves subject to the Government of the massachusetts 
bay in New = England = / 



Tho Withers 
Jn° Wincoll 

m l/\/ /^ chadborne 

Hugh Gunnison 

Thomas <// Spencer 

Thomas '^ Durston. 

Eob'^ ''l) A/i mendam. 

Rise / Thomas 

James Emery 

'V' Christian Remeth 

Niccolas ffrost. 
Charles ffrost. 
Humphry Chadburne 
Abraham F Cunly 
Richard Nason 
Mary Bayly. 
Daniell Paul : 
John Diamont. 
m'' George Leader 
Jn° Symons 



Robert /^ weimouth 

John Greene 
Hughbert Mattoone 

Gowen Wilson f 

William Palmer 
Jeremiah h Sheires 
John Hord 
Thomas Spinny 
Nath Lord. 
Joseph Mile 
m' Niccolas Shapleigh 
Antho : /"T^ Emery 

Reghnald )/ Jenkins 

John /j White 

Tho : / Jones 



Andrewes 



Dennis Douning 
John J 

Daniell Da vies 
Phillip Babb 
m"" Antipas Mauerick 
W" Euerett 



42 DOCUIMENTARY HISTORY 

Protection granted to M'' mdiolas Shapley, Nov. 24. 1652. 

Whereas the gefilall Court holden att Boston in Octob'" last 
graunted M-" Nicholas Shapley pteeeoQ for one yeare freely 
to come into the Jurisdiccofil of the Massachusetts & to 
returne to his owne howse w"^ out molestaconl 

We the Comissioners appoyncted by the sd Court to 
settle the cyvill goQiu* att Kettery &c. vpon the request of 
the sd m"" Shapley haue thought meete & accordingly 
graunted that noe former judgem* or execucoul foriSly 
obteyned by any creditor in any Court of the Massachusetts 
agst the sd m"" Shapley shalba of force against his psou for 
one yeare from the date of the sd pteccoQ notw*'^ standing 
the place of his habitacofil is w"' in the Jurisdiccofil of the 
massachusetts, nor agst any of his lands or estate except 
they be found in some place that att the tyme of the sd 
judgem' graunting was vnder the exercise of the Jurisdiccofil 
of the Massachusetts aforesd. pvided neuertheles that this 
previledge & ptecconl nowe graunted shall not barr or lett 
any pson w^soeuer from sueing or recoQing by lawe any debt 
due by bond bill or otherwise from the sd m"" Shapley vpon 
a newe accoQ eith'' in the County Court of Yorke or Kettery 
or w*^"^ in the Jurisdiccofil where any such creditor may 
inhabit, his pson still to be free from restraint for the tearme 
aforesd, Gyven att Kittery vnder o"" hands this. 24"' Nov' 
1652. 



Vpon the returne of y'' Comissiofils from Yorke to Kittery. 

m"" Hugh Gunnyson was licenced to keep an ordinary : & 
to sell wine & stronge water : 

and for one yeare to pay but Twenty shillings the butt./ 
Philip Babb of Hogg Hand is appoynted & authorized con- 



OF THE STATE OF MAINE. 43 

stable for all the Ilauds of Sboles, which belonge to the 
Towne of Kittery which are all but that which is called 
Starr Hand. 

Thomas Dunston & Robert Mendham sworne Constables 
at Kittery. 



Petition of Inhabitants of Kittery to the Pai-liament of the 
Commonwealth of England, Dec. 20. 1652. 

To the most Ho''" the high Court of Parliament of 

the Coiiion wealth of England & Counsell of State 

thare. 

The Humble remonstrance & Petition of the Inhabitance 

of Kettery vpon the river of Paskataquake within the 

p'"sincts of the pattent of the Massathusets./ 

Humbly shew^eth that in Anno 1651 one n/ Richard 
Leader intruded himself amongst vs by such as had noe 
Just power to dispose of o'" lands ; & tracte of land tyml/ & 
other privilidges that was form'^ly improved by Cap* Mason 
of london & his lieires with some others & after hee was 
settld amongst vs by his power & greatnes hee deprived 
some of the inhabitants of theire just rights & possetions & 
by his pollecie & subtilly Caried Matters amongst vs as hee 
pleased to the p'judice & disturbance of the inhabitance 
heare & at seQall times would haue drawne vs to haue peti- 
tioned for such gouerni* as wee desired not to bee sett oner 
vs. wharby wee Evidently sawe his Cheefe Ay me was to 
gett the gouerm* ouer vs into his owne hands & soe to 
tryanize ouer vs as appeares by seliall of his practises & 
speches one or two wharof wee humbly p^'sent vnto 3^0' 
hon''s, of which thare is suffitient wittnes some of whose 
hands are hearevnto sul)scribed. viz. once (that is to say) a 



44 DOCinVIENTAEY HISTORY 

Company of rogues ; if hee could gett them vnder (meaning 
the people heare) hee would rule ouer them & keepe them 
vnder & when m'' leado'" & those that joyned with him found 
noe way to bring to pass theire owne Ends then hee the sd 
leader & others for him presed vs to take the ingaigm* which 
wee ware all ways willing to doe, but fearing hee intended 
to make some other vse of o"" hands for his owne advantage 
then hee p''tended wee alittle demured. wharvpon hee 
threttned vs that wee should bee pclaymed Enemyes to the 
State of England, & to haue no bcnyfitt of the law, soe out 
of o"^ loyalty to the State of England wee subscribed o'' hands 
to the ingaigm*^ which hee hauing gotten, wee are informed 
hee intendeth to make vse of by way of petition for vs which 
wee neuer desird nor intended that hee should doe Our hum- 
ble request tharfore to this honorable parlament is that if the 
sd m"" leader or any other what soeuer should petition for vs 
or in our names that himselfe or any other may haue power 
of gouerm* ouer vs that it may not be granted, wee finding 
the place whare wee inhabitt to bee within the line of the 
Massathusetts pattent to whose gouerni^ wee haue subscribed 
& desire Euer soe to remaine, with reference to the honer- 



OF THE STATE OF MAINE. 45 

able high Courte of the parliment of England In Spetiall/ 
Dated this 20"> of DeseiTi 1652. 

Humphrey Chadburne 

Nickolas A/ J*- Ffroste 

Abraham F Cunley 
Charles ffrost 
Christion Earn ay 
Thomas ^^-— ■ Spencer 
Richard O Nasson 
William ]^ Q Chadburne 
Thomas i— — ^ Jones 
Daniell ^ Douneinge 

Anthony I\ Emerie 

James Emerie 
Eenolds 1/^ Jinckins 

John f 1^ white 
John "^ Andres 

Jeremy A Sheares 

Nathan-/^ Lorde 
Hugh Gunison 
John Wincoll 
Robert Waimoth 
henary 

Thomas Spinny 
Joseph Mason Agent 
for m^'s Ann Mason 
of London widd 



46 DOCUMENTARY HISTOEY 

Petition of Hen. Jocelyn & others. 

To the Hounored Gouerno'' Deputy Gouerno'" w"' the 
rest of the Houn'''' Asistants & Deputies of the 
Gennerall Court for y*^ Massachusetts Collony. 
Houno''^ Gent"' wee being sencible of a woe pronounced 
against a Citty established by Inniquitie & y* the Epha 
placed on his owne basis shallbe established there : Being 
by this Court & Authoritie thereof Commanded to sursease 
from all claime & exercise of Jurisdiccon in yonv parts in 
pretence notw"'standing Gods great dishounor & our great 
damages in this Interim for want of Ordinances did yett 
suspend all exercise for the prevention of yo'' discontents, & 
of all Civill Hostillitie amongst our Nation having Attended 
you'' ffurther proposalls in this concernment we haue only 
Kec'' a certaine Coinand from the County Court of Yorke 
requiring our Appearance & obedience vnto that Court 
which wee conceaving as we directly de[rive] from your 
power we did for the majo'' part forbeare our Appearance, 
only l)y letter requesting them that we might give to, and 
receive Answer from your selves, where vnto in Curtesy 
they Consented, Comanding vs by our selves or Attourueies 
to Attend your pleasures & the Issue of this Court or other- 
wise definitively wee must be Includer & Concluded as your 
subjects ; That wee may shew no vnciuill Contemptuosnes 
to any Court that may Gennerate the Coinon peace wee haue 
therefore Impowred Our Beloved ffreind m'' George Cleaves 
& such as he shall choose Agitators in our steed to personate 
vs & them selves before yo'',- to Attend your motions & Act 
in our behoofe According to such Instructions as are by vs 
given vnto them ; the product whereof wee will Attend vnto 
desiring & praying that Equitie may l)e by yo''' & them 
attained, that so the future progresse of our estate & Con- 
dic5n may recea ; a Blessing :/ Therefore wee declare our- 



OF THE STATE OF MAINE. 47 

selves as no way Byassed to repelle, oppugne or deny yo'' 
Just Interesses w^'' vs or ouer vs, According to due legall 
processe & evidence so we hope yo''' will not Compuls vs, 
Contrary to right & equity if it so Appeare that sinfully to 
desert from ou"" Injoyments made ours by divine providence 
& Confirmed vnto vs by Supreame Authoritie & Adminis- 
tracon prescribed, also by Continuance of time, and Con- 
nived at) if not allowed vnto vs by yourselves as will be 
farther demonstrated in ou'' Instructions. 

Our Requests vnto yo"^ are p^'esented viz that ou"" Agitato"" 
in person and personally may be by yo^^ secured from any 
molestation in La we, or otherwaies from any person or per- 
sons vntill they retourne to vs : with the Result of this 
theire Agitancy :/ 

2'y That yo"^ will vouchsafe vs the hounor to Appointe a 
Convenient Comittee of both you'" bowses Respectively, as 
fully experienced in the fundamentalls of your Claime & 
Intencons to vs ward who may be Impowred by yo^^ to Con- 
fer with Informe Evidence & graunt vs on you"" part, as also 
to heare examine & Attend to such Instruments by vs to be 
produced that may or at least may seeme to maintaine ou"" 
Imuiiity from such you"" Claime : Wee desire farther that 
such ou"" Instruments may be secured, & by our said Agi- 
tato"" to be Retourned vs w*'' out detaynure or violation and 
that according to this Agitation : a due report may be given : 
In vnto you"" whole body to consider of the whole matter, 
that wee may so obtaine a declar" of you"" vltimate purposes 
ou"" Request also is that yo"' wguld Consent if meete either 
that this ou*" manifesto may in its Originall be Redeliuered 
vnto ou"" said Agitato"" or else that a full Coppy thereof may 
be forthwith given them vnder the Attest of yo'" Court, ffor 



48 DOCUMENTARY HISTORY 

all which ffavo^'s wee shallbe duly thankfull vnto yo"^ & pray 
for./ 

Henry Watts Hen : Jocelyn : 

Rich. ^ Martins W"^ Smith. 

Rich, ffoxwell 

Andrew y^ Augu''* m^e 
Arthur "N/ Angu" nfke 

Roger (iJ Vickary m'ke 



^« 



Petition of Henry Boade. May. 6. 1653. 

Right Worshp'i 

when the letter of yo'" Commissioners touching the clame 
w'=^ you layd to our Easterne parts, came into my hands ; I 
could no lesse than admire gods goodnes towards us, & in 
speciall in this clame of yo" as an argument y'"of, to those 
our weake & scattered society s : Indeed, for the places of 
our Cohabitation, are little inferiour for comodiousnesse to 
other places, thoe somew*- remote, our nakednesse cheefly 
appears in the want of a strong & godly GoQent : the 
absence w'of occasions unruly spirits amongst us to appeare 
in much disorder, tending as much to the great discorage- 
ment of the ministrey, as to our owne disquietnesse, wch at 
p^'sent we are altogeather uncapable to p^'uent ; Therefore y' 
wch I would earnestly desirS at your worships hand is, y' as 
your GoQt : hath layd a clame to us, soe y' with as much 
Conuenient speede as you can you would be pleasd to bring 
the businesse to some issue : some app'hend mr Cleaues his 
returne to his seat againe, or rather desire it, my selfe & 
others are desirous, y* your acceptance of us might p'"suant 
those expectations : I would not p''sume to direct, but would 



or THE STATE OF MAINE. 49 

humbly thus fare entreat, y* in case your more weighty 
occasions, should still interpose matter to p'"uent the speedy 
aflecting of this busines, I could desire you would be plesed 
to giue pouer unto some of o"" neighbours, such whome your 
wisedome shall thinke fitt, w°'' are not ignorant of our stand- 
ing, to expidite this businesse, wch being aflected we hope 
will tend to gods glory & our peace, thus with my seruis 
p''sented to your selfe & mis Endicott, Coinending your selfe 
w^"^ your weighty occasions to the Lord I rest 

Yo"^ worshps to be 
May : 6 : 1653 : Comanded in the 

Lord, 

Henery Boade 

The magistrates Desire, that this may 
be first taken into consideratio" by 
o"" brethren the Deputies who know 
the place & condicon of the psons. & 
accordingly That there may be Coiii- 
ission granted to such as may further 
that busines : if o"" brethre the Depu- 
ties consent heerevnto./ 

Edward Rawson. Secret. 

the Deputyes desire this may be Issued 
at a Conference 

William Torrey Cleric. 

The magis'' consent to a Conference 

Edward Rawson Secret. 
4 



50 DOCUMENT AKY HISTORY 

Petition Tho'' Whelewright in behalf of the Toiim of Wells. 

Worshipful! mr Ijellingam my hurabell saruu^ presented 
vnto you by the importveny of some of our nighbours i haue 
mayd bould to trvbell your worship av' thes fve lins wh ar to 
[ask] you to take in to y"' seruous considartione the sad Con- 
dishon that the toone of Wels & the other plaseis agasant 
now stand in at present for lack of good govverment which 
thay hoped thay shovld have injoyed before this but thar 
hope hath benne so defered that it hath mayd ther harts 
sicke onely thay conseve that more weighty ocasons hath 
bene the case of the [delay] ther humebell desier is that y"r 
worship would be plesed to hasen the Commissioners Com- 
ina: to vs left in so long an intrim of time something might 
inconvene which might bender vs of that which we hope 
will conduse for our well being in this life as namely good 
government from your selefes the efecting of which is the 
harty desier of those which ar the efected amongst vs 
So prays he likewise that is at your saruus 

Thomas Whelewright 

May 11 
1653 

In Answer to the requests of y^ gent exprest in these tres 
the Deput' Judge it meete that majo"" generall Denison Cap* 
Wiggan m' Brian Pendleton m"" Godfry & m"" Nicholas Shap- 
ley be Intreated & appoynted to be comission''s to pfect & 
effect what is yet vn-accomplished in reference to theire 
desires for the settlement of those y* are lately brought 
vnder o'" gouernment 

Voted by the Depu^s who desire the Consent of o*" hono"^*^ 
magis*^ hereto 

William Torrey. Cleric. 



OF THE STATE OF MAINE. 51 

Remonstrance of the Inhabitants in Plscattaqua, &c. 

To the much honoured Generall court at Boston y*" 18"^ of 
y«3'i 1653. 

The humble Remonstrance of the Inhabbitants in Piscattacj 
& y** Isles of Showles 
Declareth. 

That wee the abovesaid Inhabbitants being lately awak- 
ened to apprehend our Immanent dangers for want of some 
necessarie meanes to withstand any forraine forces & being 
not vnsensible of the considerable trade both of fish & tim- 
bers Exportable amongst vs, as well of the needfull supplies 
from beyond Seas produced to the Contrie thereby, withall 
uaighing amongst our selues, how easilie the aforesaid places 
may be fortified by vs, as well as our adversaries, in case 
they may possesse the same, alsoe considering that the nat- 
urall situation of the places being such, as without so great 
charges to the contrie the same may be well accomplisht. 
Wherfore for such like reasons induceing, wee thought 
it our dutie to informe this honoured generall Court of 
this our condition, with respect to the publick good, and 
also humblie to make request that yee should be pleased to 
consider of our desires, as that wee may be timely well for- 
tified, against any forraine assaults that may be attempted, 
& insomuch as these may be defective to lay downe our 
estate yee may then be pleased to take a more perticular 
Relation thereof, from our beloved Deputies there present, 
& although wee as yet, are but few Inhabbitants in this 
River, & alsoe low in estates yet notwithstanding wee shall 
endeavour to beare part of the Charges according to our 
abilities, & that with all submission to your mature deliber- 
ations, your selues beeing apprehensiue how much the pub- 
lick may be heerein concerned, wee humljlie therfore take 
our leave with a continuance of our petitions to the throane 



52 DOCUMENTARY HISTORY 



of grace for all sutable good, And wee subscribe with 

the Consent of the rest 

ffor Strabery-Banke < 



Brian Pendleton 
^ Richard Cutt • 



i Tho : Withrs 
for Kittery | ^.^ ^ qi,,^,^,^.^ 

( Rice Cadosen 
for r Isles of Showles ^ p^^.^^.^ ^^^^^^ 

( Richard Walderne 
^^^•^^""^^iHatevill Nutter 



In answer to this Remonstrance The Deputyes Conceiue 
that in regard of Inabillity for p-'sent to satisfy the desires of 
the psons Concerned herein as also they no way Contribut- 
ing to any such Charge amongst o^ selues we thinke they 
may Rest satisfyed for p-'sent, & for time to Come we shall 
be Ready to afford such helpfullnes to the Remonstrants as 
Justice shall require expectinge from them what others 
vnder o' Jurisdiction ar subject vnto. 

William Torrey Cleric. 

Wee conceiue that the Peticon^s shold haue fowre 
Giins by order of the Surveyour Genni. Pro- 
uided the Peticon'-s shall fetch them & Allso 
mount them at their own charge w'Hn three 
months next after they shall be Appointed & 
deliQd to them, or els shall returne & redeliu-^ 
them to the Surveyour Genni or his Deputie 
vpon demand of the same, at such place as he 

shall Appoint. 

Daniel Denison 

Jos : Hills 

Edw Johnson 



OF THE STATE OF MAINE. 53 

Petition. 
To the much honoured Court held at Boston y*" 18'^ of y® 

The humble petition of the Inhabbitants in 
the Isles of Showles 
Sheweth 

That whereas wee the said Inhabbitants liveing so remote 
from the neighbour-townes vpon the Maine, and having 
thereby allready sustained much wronge through want of a 
power deputed amongst our selues to help, whom it may 
concerne to their due Debts, and findinge alsoe by vnsutable 
wind & weather that wee cannot (vpon occasion) visite the 
Cour[t] that wee might enjoy the benefitt of the Law, to. 
recover our owue, in a way of righteousnes. Wee therfore 
vpon such like reasons, doe think it our dutie to make peti- 
tion to this much honoured generall Court that you mought 
be pleased, to take our condition into your serious and sage 
consideration, '& to grant vs the previledge of a Towushipp 
as farre as your wisdomes shall thinke vs capable, as that 
we may have amongst vs a Clarke of the writts, & some 
others authorized to have the hearing & issueing of such 
causes as may fall out, vnder the summe of Ten pounds wee 
finding as wee suppose vnder your favour, more neede of 
such a previledge then our neibour-townes, forasmuch as 
some of our transient ones, as it may fall out, they cannot 
tarrie vntill their causes may be issued elsewhere. Alsoe, 
may it please this honoured Court to take notice that our 
situation is such, as many times wee necessarilie shall not be 
able to Joyne with our neibours in militarie affaires, through 
vnseasonrble weather, without great hazard or damage to 
our selues. Our request is therfore, that you would be 
pleased to make vs a distinct company in that respect, wee 
being vpvvards of a hundred men at this time, & that our 
loving friends John Arthus Lieut : & Willia Seely Ensigne 



54 DOCUMENTARY HISTORY 

SO chosen amongst vs, to beginne that service, they mought 
be instaled into such places, for the benefit of the rest, 
according to your order. Thus, wee nothing doubting, that 
yee will be pleased to pass by any of these vnsutable expres- 
sions, & grant vs whatsoever your discretion shall see mostly 
conduceing to our best good. Wee (for your fotherlie ceare 
allready enjoyed, & yet expected) doe account our selues in 
bounden dutie to be ready, to doe you any service to our 
abilitie, & to make supplications yet in your behalfe, for the 
further influence of the holie ghost vpon your hearts, in 
those approaching & all after agitations, for his owne glory, 
WMth his churches wellfare. Wee now humblie take our 
leave, & subscribe in the name, & with generall consent 
Hercules Hunkins John Arthor 

Rice Cadogan Edward Smale 

Samudl Jewell Benjamin Bickford 

Rice Joanes Phillip Babb 

William Sealy Peeter Gee 

William Vren Walther Mathews 

Peter Twisden Richard Sealy 

John bickford Houmphry Horewell 

John Bretnell Matthew Giles 

John fabines George Sealy. 

The Deputyes thinke meete that the petition""^ be graunted 
liberty of determining Civill actions which shall concerne 
them, where either one or both partyes are inhabitants & 
taken there to the value of ten pounds, & that m"* Brion 
Pendleton m"" Nicholas Shapley Hercules Hunkins Richard 
Seely & Phillip Babb be Comissiou'"^ for such cases, & y^ 
they or any three of them m'" Pendleton or m"" Shapley being 
one may here & determine all such cases legally brought 
before them according to law till this court take further 
order therein, & for settleing of the military officers & Com- 
pany The Court hath already gvided in that case in their 



OF THE STATE OF MAINE. 55 

order for toe settling of the militia made Aiiiio 1652 which 
giues the Chief officers of euery Company power to act 
herein & for Clark of the writts none being p'sented its left 
to the discretion of the Comission''s afforesd or the major pte 
of them to appoynt a meet man for y^ service till the Court 
take further order therein Voted by the Depu'* who desire 
the consent of o'" hon'*^ magis** hereto 

William Torrey Cleric. 
The magis*^ Consent heereto 

Edward Rawson Secret. 



A. copy of y^ entry of y^ Accon 

M"^ Josepth Mason Agent, or Attorney of m^ Ann Mason 
of London y® sole Executrix of Cp* John Mason, plaintiif 
ag' m"" Richard Leader defend : in an accofil of trespass vppou 
y® case for building, & erecting certaine houses on o"" lands 
att Newitchewanicke in y° province of Maine & for dispose- 
ing of o'' goods w"^ out licence, & for cutting downe o'' tim- 
ber there to erect a saw mill in o"" antient possessed place 
wheron wee formerly began, & doe intende to gceed in y*^ 
like worke imediately 

Vera Copia p me Tho : Bradbury rec. 

A coijpie of y^ Attachem^. 

To y° Marshall of Hampton or his Deputie. By vertu 
herof you are requiered to attache y" goods or for want 
therof y^ body of m"" Richard Leader, & to take bonde of 
him w*'^ suffitient suertie or suerties to y® vaHue of one 
thousand pounds so as hee may psonally appeare att y® next 
Court held att Salisbury to answer y° complaint of m® 
Josepth Mason y*' agent or Attorney of Cp* John Mason, 
plaintiif in an accofil of trespass vppon the case for building 



56 DOCUIVIENTARY HISTORr 

& erecting certaine houses vppon o"^ lands att Newitchewa- 
nick in y*^ gvince of maine & for disposeing off o' goods w**^ 
out licence, & for cutting downe o'' tymber there to erect a 
Saw mill in o'' ancient possessed place wheron wee formerly 
began, & do intend to pceed in y'' like worke imeadiately 
herof faile nott, & to make a true returne hereof vnder yo"" 
hand Dated y« {2") of y« (10"^) m° (1G51) 

by y*^ Court Eobert Tucke 
Vera Copia p me Tho : Bradbury refi. 

Know all men by these p'^sents y* wee liichard Leader & 
Richard Cutts both of gent do binde o'"selues o"" heires & 
Execute''* to Tho : ffilbrick y® marshall of Hamptons deputy 
in a thousand pound vppon condicoE that y® sayd Richard 
leader gent : shall psonally appeare att y® next Court to be 
holden att Salisbury to answer m® Josepth Mason y^ Agent 
or Attorney for m^ : Ann Mason of London in an accofi! of 
trespass vppon y*^ case accordingly as in y'' Attachem* is 
more fully expressed, & to abide y® order of y° court theriu 
& not to depart without licence : 

In witness wherof wee haue hervnto sett o"^ hands this (i2) 
of y'^ (iO»>) m": (i65i) 

John Webster Rich : Leader 

Rich : Cutts 
Vera copia p me Tho : Bradbury rec. 



A 



coppie of y^ court Order. 



In y® case of m"^^ Josepth Mason plaintiff ag* M'' Richard 
Leader defend for a trespass done vppon certaine lands lijng 
att Newitchewanick, the defendant pleading the accofil nott 
beelong to y*' cognizance of this court because y® cause of y^ 
accofil doth nott arise w^'* in the Jurisdiccofil of this court ; 
and y® plaintiff on y° contrary affirming & pleading y° accoQ 
to l)elong to y® cognizance of this court : And this court 



OF THE STATE OF MAINE. 57 

takeing notice of a comission granted by y® last gefil : Court 
to select members of y'' sayd gen : Court to treat & order 
concerning certaine lands lijing to the Eastward, wherof wee 
are informed this to bee a part as supposed to be w*^ in y® 
line of o"" pattent. This Court therfore (the p'mises consid- 
ered) thinke meet to referr y® consideracofil & determinacofil 
of y'' case to y*^ next gen : Court, and doe order y® pties to 
attend their cause the (3'^) day of y*^ first Sessions of y*" sayd 
court att one of y® clock in y^ afternoone : 

Vera Copia p me Tho : Bradbury rec : 

Bee it knowne vnto all men by these p'^sents that wee 
Josepth Mason Agent to m^ Ann Mason, & Thomas ffilbrick 
sefil of Hampton doe binde o"^ selues o'" heires, Executo®* 
Administrate*^ & Assignes vnto Kobert Tuck clarke of y® 
writts for Hampton in y^* behalfe of this goverm* in y® full & 
intire some of tenn pound vppon condiccolil that y® sayd 
Josepth Mason shall psecute his accofil in y** behalfe of m^ 
Ann Mason of london ag' m"" Richard Leader such costs as 
y® court to bee holden att Salisbury y'' (2^') (3^^) day of y« 
next (2'') m° shall allow vnto him att w'^'^ court y® sayd 
accofl is to bee tried as by y® attachm* bareing date y" (2"^) 
of y"" (10"') m" (i65i) doth appeare to y® pformance whereof 
wee haue herevnto sett o"" hands this (2*^) of y® (10"') mo: 
(i65i) 

Josepth Mason 

The marke of '^T^ Tho : ffilbrick sefil. 
Vera Copia p me Tho : Bradbury rec. 

The Deputyes haue Chosen Capt. Leuerett Capt. Johnson 
& nV Joseph Hills to be a coinittee to Joyne with some of o"* 
Hono'"'* magists which they desire may be Chosen to heare & 
examine the Case betweene m"^ Joseph Mason & m"" Leader 



58 DOCUMENTARY HISTORY ' 

cS: to make returne thereof to the Court & desire the Con- 
sent of o' hon^'' magists hereto. 
8 (7) 52 William Torrey Cleric 

The dcp* GoOno"* & m"" Symonds is Appointed to Joyne 
w''^ this comittee : 

Edw : Rawson Secret. 
The magistrates thinke meete to heare this case betweene 
m*" Mason & m'* Leader, at one of y*' clock in the after noone. 
with reference to y*^ consent of o'^ brethren the Deputies. . 

Jo : Endecott GoQ 
The Deputs Consent herevuto gvided that all partys whom 
it Concernes be ready for to haue the Case heard 

William Torrey Cleric. 

Wheare as Ann Action of trespas was Commenced : by 
Joseph Mason Agent of mis Ann Mason of London plaintifl'e 
against m^ Eichard Leader defendant for trespas doun vppon 
theyr Lands att Newichwameck and brought heather to 
Boston the last yeare att the generall Cort of Ellection Ann° 
1652, and thare Referred to the first sessions of this Court 
houlden in Ann" 1653 it is now the humble Request of vs 
Joseph Mason and Thaddeus Riddan Agents of the plaiutiife 
& defendant that the Deterrainato of the actio may be Re- 
speted vnto the next sessions of this generall Court and then 
to bee tryd to w*^*" agreement wee haue here vnto Subscribed 
our hands the 27*'' may 1653. 

Joseph Mason 
Thaddeus Riddan 
The magistrates are well content heerew*'* w'*' reference 
to the consent of o"^ brethren the Deputies. 

Edward Rawson Secret. 
The Deputyes doe freely Consent hereto 

William Torrey Cleric. 



OF THE STATE OF MAINE. 59 

Whereas the Gennerall Courte holden at Boston in Octo- 
ber last graunted m^ Niccolas Shapley protection for one 
yeere freely to Come into the Jurisdiction of the Massachu- 
setts and to Retourne to his owne house without molestation 
Wee the Comission'^s Appointed by the said Courte to setle 
the Civill Gouernment at Kittery &c vppon the Request of 
the said m'' Shapley have thought meete and accordingly 
graunted that no former Judgement or execcution formerly 
obteined by any Creditor in any Court of the massachusetts 
against the said m'' Shapleigh shall be of force against his 
person for one yeere from the date of the said protection 
notw^'standing the place of his habitation is w*^in the Juris- 
diccon of the massachusetts aforesaid. 

Provided, Neuthelesse that this priviledge & protection 
now graunted shall not barre or lett any person whatsoeuer 
from sueing or recouering by law any debt due by bond bill 
or otherwise from the said m' Shapley vppon a new accon 
either in the County Court of Yorke or Kittery or w**^ in the 
Jurisdiction where any such Creditor may Inhabitt, his per- 
son still to be free from Restraint for the terme aforesaid, 
Given at Kittery vnder o'' hands this 24"' Nouember. 1652. 

20 Nouber 52 

Thomas Dunston and Robert Mendam were chosen and 
sworne Counstables for the Towne of Kittery. 

Phillip Babb of Hogg Hand was Appointed and Author- 
ized Constable for all y" Hand of Shoales Starr Hand 
excepted./ 

m'' Hugh Gunnison was licensed to keepe an ordinary and 
to sell wine and strong water and for one yeere he is to pay 
but twenty shillings the Butt. 

Whereas the Gennerall Court holden at Boston in octobe"" 
last hath Appointed and Authorized vs whose names are 
vnderwritten to Setle the Ciuill Gouernment in -this place 



60 DOCUMENTARY HISTORY 

of • Kitteiy now in j^' County of Yorkeshire as by theire 
Comission vnder the Seale of this Colonic Dat 28"> of the 
aforesaid October doth or may Appeare Wee therefore the 
said Comissioners w*" the free and full consent of the Inhabi- 
tants of Kittery hnue and heereby doe Constitute and 
Appointe the Right trusty m"" Brian Pendleton m"" Thomas 
Withers and m"" Hugh Gunnison as an Associate & Invested 
them w^'' full power and Authoritie together w**" one Asis- 
tant of the Gouernment of the Massachusetts to keepe one 
County Court at Kittery and euery one of these Comission- 
ers hereby haue magistralticall power to heare and deter- 
mine smale Cawses like as other magistrates that are Asis- 
tants haue, whither they are of a Ciuill or Criminall nature, 
Also Power is hereby Giuen to the said Comission^'s and 
Associate Assembling together betweene the County Courts 
to heare and : determine w"^out a Jury in y** said Towne any 
Cawse not exceeding tenn pounds, any of the Comissioners 
may grant sumons or Attachments and execution if neede 
Require Any of the said Comissioners heereby have power 
to examine offenders to Comitt to prison vnless baile be 
given and taken Also each of these Comissioners haue 
heereby power when they shall judge needefuU to binde 
offenders to the peace or good behauiour : Also each of these 
Comissioners haue heereby power to Administer oathes 
according to lawe. Also marriage shall be solemnized by any 
of the Comission" according to lawe. Also the County Court 
shall Appointe a shire Treasurer to whom fines & matters of 
the like nature are to be accompted and paid for the vse of 
the Countye Also any of the said Comissioners may admin- 
ister the oath to such of the p^'sent Inhabitants as shall 
desire to be made free. Also two of these Comissioners may 
till other order be taken graunt or Renew licenses for ordi- 
naries or selling wine or strong water. Aso two of the said 
Coinissioners hereby have Authoritie to Impower millitary 
officers vnder the degree of a Captaine Also power is 



OF THE STATE OF MAINE. 61 

heereby given to two of the said Comissioners and they are 
Required to enjoyne the Toune of Kittery to procure the 
books of lawes and such also as are not as yett printed & 
enacted since the last booke Came forth in print and It is 
intended that both Grand Juries and Juries for triall shall 
be suiSoned for the County Court out of Yorke & Kittery 
proporconably. Giuen vnder our hands at Kittery : this 
twentieth day of Nouember 1652. 

Symon Bradstreet. 
Samuel Symonds : 
Tho Wiggin : 
Brian Pendleton. 

The Eetourne of the Comissioners who vppon the Comis- 
sion Graunted by the Gennerall Courte bearing date 28*'' 
of October 1652 viz M"^ Symon Bradstreete m"" Samuell 
Symonds Cap* Thomas Wiggin and m"" Brian Pendleton In 
order to theire Comission after they had binn at Kittery 
Repaired to Accomenticus or Gorgiana : And Suinoned the 
Inhabitants thereof to Appeare before them. 

Whereas the Gennerall Court holden at Boston, in the 
last month did Appointe vs whose names are heerevnder 
written, as by theire Coinission vnder the Scale of the Col- 
onic of the Massachusetts doth or may appeare by Sumons 
to Assemble the Inhabitants of this Toune together, in some 
place which wee shoued Judge most Convient, and to declare 
vnto them our Just right and Interest to and Jurisdiccon 
ouer, the tract of land where yo"" Inhabitte, Requiring theire 
Subjection therevnto Assuring them they shall enjoy equall 
protection and priviledge w*'' themselves : This is therefore 
to desire yo^"" and in the Name of the governement of the 
Massachusetts to Require yo"' and euery of yo'^ to Assemble 
tosrether before vs at the house of Niccolas Davis, betweene 
seven and eight of the clocke on Monday next in the fore- 



62 DOCUMENTARY HISTORY 

noone, to the end aforesaid, and to setle the Gouernment 
amongst yo'"" which wee hope will tend to the glory of God 
and to the peace & welf^ire of the whole. 

Dat : 20"' Day of Noueraber 1652 subscribed. 

Symon Bradstreete 
Samuell Symonds. 
Tho : Wiggin 
Brian Pendleton. 
And was directed to m"" Niccolas Dauis 
& m"" Jn° Davis who were Required 
and Authorized to warne the Inhabi- 
tants abovesaid. 

Vppon the 22''' of Nouember 1652 the Comissioners held 
theire Court and the Inhabitants Appeared and after some 
time spent in Debatements and many questions Answered 
and objections remooved w*'' a full & Joynt Consent 
acknowledged themselves subject to the gouernment of the 
Massachusetts in New England : only m"* Godfrey did for- 
beare vntill the vote was past by the Rest and then Imedi- 
ately he did by word & vote expresse his Consent also The 
names of those y* tooke y® oath of freemen were 
m"" frauncis Raine Mary Topp acknouled only. 

Tho- Crockett. Edw. Wentom 

Jn° Alcocke Georg Beanten. 

W™ Dixon m"" William Hilton. 

Rice Codagone William Moore 

George Parker. Henry Donell 

Andrew Evered. Edward Stirt 

Rob' Knii^ht. Rowland Youno: 

W" Rogers Jn° Parker 

Sam : Alcocke Arthu'' Bragdon. 

Joseph Alcocke Jn" Ellingham 

Peter Wier Jn" Tuisdale sen'' 

Phillip Adams Tho Courtous 



OF THE STATE OF MAINE. 63 

m"' Edward Godfry Siluester Stouer. 

Lewis Tho Dennell 

Rob* Edsre. m'' Edward Rushworth 

Phillip Hatch Jn° Harker 

Jn° Davis- Niccolas Davis 

Niccolas Bond Sampson Angier. 

m'' Edw : Jn°son m'' Henry Norton 

Huo:h Gaile Rob* Hetherse 

Wittm Garnsey W°^ ffreathy 

Rich. Bankes. Jn° Davis 

Jn° Tuisdall Jun"" m"^ Jn" Gouge 

m'' Abra : Preble m"" Tho. Wheelewright 

The Comission'"s (soone after) graunted vnto them Seaer- 
all p^iviledges & liberties subscribed vnder theire hands the 
same w'^^ they Graunted to y^ Inhabitants of Kittery w"" 
these Additions, viz. 

ffurther wee the Comissioners Aforesaid Doe Consent and 
Agree that the Toune now Called Accomenticus shall hence- 
forth be Called Yorke. 

And that one Court shall be kept yearely in the said 
Toune by such magistrate or magistrates and other Comis- 
sioners as the Gennerall Court of the Massachusetts shall 
from time to time Appointe and for the p^'sent by such Com- 
issioners as shall be Authorized by the aforesaid Comission- 
ers of the Massachusetts, which Court shall haue the same 
power for triall of Cawses Ciuill or Criminall Arising in the 
County of yorke, as other County Courts haue in the Massa- 
chusetts Jurisdiccofil. 

4 That such of the present Inhabitants as shall take the 
oath of freedom shall be thenceforth capable of giving their 
voate for the choise of Gouernor Asistants and other Gen- 
nerall officers and of being chosen to any of the aforesaid 
places of honnor and trust 



64 DOCUIMENTARY HISTORY 

5 Itt is further Agreed that the Inhal)itants of Yorke and 
Kettery shall sett out theire bounds betwixt them and the 
Inhabitants of Wells and Yorke shall sett out theire bounds 
betwixt them w^'^ in one yeere now next ensuing otherwise 
it shall be donne by Comissioners Appointed by the Gen- 
nerall Court and the head lyne of yorke bounds into the 
Countrie shall be in a streight lyne by the South East Side 
of a certaine pond about two miles into the Country beyond 
the Northerly branch of a Certaine marsh now Improoved by 
some of the Inhabitants of yorke and so to the devission 
lines betwixt the Tounes before mentioned and if it so fall 
out that any parte of the marishes now reputed to belong to 
yorke and Improoved by the Inhabitants thereof, shall fall 
w^'^in Kittery bounds yett the said propriety of the said 
marish shall belong to the Inhabitants of Yorke to whom it 
is Graunted and if any of the lands or marishes now Reputed 
to belong to Kittery and Improoved by any of the Inhabi- 
tants thereof shall fall w^'^in the bounds of York yett the 
propriety of the said land or marish shall belong to such of 
the Inhabitants of Yorke or Kittery to whom it is graunted./ 

Symon Bradstreete. 
Samuell Symon ds 
Thomas Wiggin 
Brian Pendleton. 

Att the same Court held at yorke the 22 of Nouember 1652 
m"" Niccolas Davis w^as chosen and sworne Constable. 
M'' Edward Rushworth ^vas chosen Recorder & desired to 

exercise the place of Clark of the writt. 

m' Henry Norton was chosen marshall there 
Jn° Davis was licensed to keepe an ordinary. 



OF THE STATE OF MAINE. 65 

Then was the Comission graunted to y® Gent, of yorke as 
folio weth viz./ 

Whereas the Gennerall Courte holden at Boston in Octob : 
last hath Appointed & Authorized vs whose names are 
vnderwritten to Setle the Ciuill Gouernment in this place 
now called yorke in the County of Yorkshire as by theire 
Comission vnder the Scale of this Colony Dat. 28"' of the 
Aforesaid octob'" doth or may Appeare :/ Wee therefore the 
said Comissioners with the free & full Consent of the Inhab- 
itants of the said Toune haue and heereby Doe constitute & 
Appointe the Right Trusty m"" Edward Godfrey m"^ Abraham 
Preble and m' Edward Rushworth Coiiiissioners Invested 
w*^ full power and Authoritie together w*"" one Asistant of 
the Gouernment of the Massachusetts to keepe one County 
Court yearely at yorke and euery of these Coinissioners 
heereby have magistratticall to heare and determine smale 
cawses like as other magistrates that are Assistants haue ; 
whither they are of a Ciuill or of a Criminall Nature Also 
power is heereby given to any three of the said Comission's 
Assembling together betweene the County Courts to heare 
and determine (w^'^out a Jury) in y® said Toune and Cawse 
not exceeding ten pounds Any of the Comissioners may 
Graunt Sunions or Attachments and execcution if neede 
Require : Any of the said Comissioners heereby haue power 
to examine offendors to Cofiiitt to prison vnlesse baile be 
given and taken : Also each of these Comissioners have 
heereby power to minister oathes according to lawe Also 
any of the Comissioners have heereby power when they 
shall Judge needefull to bind offendors to the peace or good 
behauio'^. Also marriage shall be solemnized by any of the 
Comissioners according to lawe Also the County Court shall 
Appoint a Shire Treasurer to whom fines & matters of the 
like nature are to be accoumpted and paid for the vse of the 
County Also any of the said Comissioners may minister the 
oath to such of the present Inhabitants as shall be made 
5 



66 DOCUMENTARY HISTORY 

free : Also two of these Comission''^ may till other order be 
taken graunt or Renew licenses for ordinaries or selling 
wine or strong water Also two of the said Coniissioners 
heereby have Authoritie to Impower millitary officers vnder 
the degree of a Captaine Also povver is heereby Given to 
two of the said Comission". and they are Required to 
Injoyne the Touue of Yorke to procure the books of lawes 
and such also as are not yett printed and enacted since the 
last booke Came forth in print and Itt is Intended that both 
grand Juryes & Juries for triall shall be suinoned for the 
County Court out of Yorke and Kettery proporconably. 
Giuen vnde"" ou"" hands at York this 23'*^ of Nouembe*" 1652 

Symon Bradstreet 
Samuell Symons 
Thomas Wiggin 
Brian Pendleton 
The magis*' hauing veiwed this Retourne of y^ Comis- 
sione" at Kittery &c doe Approove thereof and orders that 
due •& harty thanks by this Court be Rendered to them for 
theire paines & se'"vice therein w*'' such meete Recompence 
as theire bretheren the Depu*' shall Judge meete Desiring 
theire bretheren the Depu'* to Consider thereof & to Con- 
sent heereto 

Edward Rawson Secret :/ 
1"* June 1653/ : 

The Depu*^ thinke meet to respit 
it till next Session 

^ym Xorrey CI : 
The Deputyes Doe Concurre with o'' bono'"'* magis*^ in the 
first part of this returne viz* that harty thankes be rendered 
to the Comissiono'^^ for their paynes herein & for further 
satisfaction shalbe willinge & ready to make the same in the 
graunt of some land to each of them respectiuely Avhen any 
shalbe p^'sented to this Court if o"" bono'"'' magis" consent 

hereto 

William Torrey Cleric 



OF THE STATE OF MAINE. 67 

The masis*' Consent hereto but desh-e theire bretheven 
the Depu'' to determine theire proporcons now w'^'' they 
shall Consent to. 

Edward Rawson Secret 



Go^nmission June 7. 1653. 

rwA^ To our Trusty and well beloved ffreinds 

^ L. S > Richard Bellinghani Esq^ Dep* Gou- 

Jo: End^ttGoQ ^™«^ ^^P^ ^^''''''''' ^^'^-"' ^"j^"" 
gcennerall Daniell Denison Edward 

Rawson Secretary and m"^ Brian Pen- 
dleton : 
Wheras yo"^ are chosen Comission" by this Courte to 
Setle the Ciuill Gouernment amongst the Inhabitants of 
Wells Cape Porpus and Saco and so to the most Northerly 
extent of our Pattent yow or any three or more of yo"^ are 
heereby Authorized and Required with all convenient speed 
to repaier to those partes and thereby S union to Assemble 
the Inhabitants together in some place which yo"^ shall 
Judo;e most convenient and to declare vnto them our Just 
rights and Jurisdiccon ouer those tracts of land where they 
Inhabitt Requiring theire subjection therevnto Assuring 
them they shall enjoy aequall proteccon and priviledge with 
ou'' selves fFurther wee doe heereby giue and Graunt vnto 
yo^ any three or more of yo^ full power and Authoritie to 
sumon and keepe a court or Courts there, to heare and 
determine all cawses Civill and Criminall according to the 
power and Authoritie of ou"^ County Courts to nominate and 
Appointe Comissione" Administer oathes to them and Invest 
them with such power as yo'"selves or the majo' pte of yo"", 
shall Judge meete, as also to Appointe and sweare Coun- 
stables and such other officers as yo"^ shall Judge needefull, 



68 DOCUMENTARY HISTORY 

for the preservacon of the peace, to Confirme and setle pro- 
prieties to graunt priviledges protections and Imunities, and 
to setle the Gouernment there And further to Doe and Act 
in the p''misses or anything of like Nature for the ends afore- 
said ; till this Court shall take further order therein ; as in 
yo*" wisdomes and discretions yo'^ shall Judge most to Con- 
duce to the Glory of God ; the peace and welfare of the 
people there ; and the maintenance of ou"^ owne Just Rights 
and Interest. And wee doe heereby will and Requier all 
magistrates Comissione's Capts and all other officers civill 
and millitary w**^ in the County of Norfolke and all the 
Inhabitants of the lie of Shoales and beyond the Riuer of 
Piscatag within the limitts of our Pattent to be Aiding and 
Asisting to these our Comissioners as they shall see cause 
to Craue or Require And In Confirmation heereof wee haue 
Cawsed the Scale of ou"" Collonie to be heerevnto Affixed 
this 7'^ of June 1653:/ 

By the Cou^'te Edward Rawson Secret :/ 

Summons June 7. 1653. 
To y' Inhabitants of Wells so called 

Whereas the Gennerall Court holden at Boston. 3'' of 
June 1653. hath Appointed & Authorized vs whose names 
are heerevnder written, as by theire Comission vnder the 
Scale of the Collon}^ of the massachusetts doth or may 
Appeare hereby to Sumons j^ou the Inhabitants of Wells 
together to declare vnto you our Just right and Interest to 
& Jurisdiccon ouer, the tract of land yo'"" Inhabitt = Requir- 
ing your Subjection therevnto. Assuring that you shall enjoy 



OF THE STATE OF MAINE. 69 

•aequall gteccon and priviledge w*^ the inhabitants of y^ bay. 
This is therefore to desire yo"^ and in the name of y*" Gou- 
ernment of the Massachusetts to Require yo"^ and euery of 
yo"^ to Assemble togither befor vs at the howse of m^ Joseph 
Emerson the 4*'' of July next to the end aforesaid & to y® 
peace & welfare of the whole. Dated 7"' of June 1653. 



Resolved on y® Question 

Jn° Birch :/ Birch :/ 

Summons. 
To the Inhabitants of Wells, so called 

Whereas the Gennerall Court of the Massachusetts held 
at Boston in October 1652 did by theire Comission Author- 
ize and Appointe theire trusty & well beloved m"^ Symon 
Bradstreet m"" Samuell Symonds Cap* Thomas Wiggins w'^ 
other gen' to Sumons y'^'^ to Appeare before them : & to 
setle Ciuill Gouernment Amongst yo^ as pte of the Juris- 
diccon of the Massachusetts. & By Reason of Some vrgent & 
emergent occasions have binn hindred hitherto from Coming 
to yow & The Gennerall Court Having this 3'^ of June Con- 
ferred the same Comission as before expressed on : the 
Trust}'' & well beloved Richard Bellingham Esq Deputy 
GoQnor Capt Thomas Wiggin Majo"* Gennerall Daniell Den- 
nison m"^ Edward Rawson and m"^ Bryan Pendleton or any 
three of them to p^'osecute the ends of the first Recited Com- 
ission ; wee therefore whose names are herevnder written 
doe heereby. 



70 DOCUMENTAKY HISTORY 

Petition of Thomas Wiggin & Simon Bradstreet. 

To the Hon^'ed General! Court now 
assembled att Boston. 
The humble petition of Thomas Wiggin & Simon Bi-ad- 
street 

Whereas this Court was pleased to graunt to y® petition®* 
1000 acres of Land &c vpon the greate Ryver of Newicha- 
waunock for the vse & benefitt of o'^ mill there It is o' hum- 
ble desire that the Land may be layde out by Elder Nutter 
& Thomas Cany in such free place as wee shall make choise 
of on the sd Ryver, & wee shall pray &c 

The magis*'' Judge meet to graunt the peticoners Request, 
if theire bretheren the Deput^ Consent heereto 

Edward Rawson Secret 
27 May 1653. 

The Deputyes Cannot Consent here to but Think meet to 
referr this & m'' Broughtons pet herevnto affixed to the con- 
siderat of the Coiuitee for the pet. W™ Torrey Cleric. 

The Deputyes on farther Considerat haue graunted this 
petition, viz* that it be layd out in a ftVee place not Intrench- 
ing on any Towne bounds nor pticular mens proprietie nor 
hindering a plantation with reference to the Consent of 



o^ hon'"'' magis*^ hereto 



William Torrey Cleric. 



Consented to by y® magis** 

Edward Rawson Secret 

Vpon Examinacon of this & m'' Broughton Petico & con- 
ference w"' the Peticoners wee find them willing not to 
intrench vpon one another but that Each Peticoners Inter- 



OF THE STATE OF MAINE. 71 

rest may take place Therfore we conceiue the Courts grant 
to m^ Bradstreete & Cap* Wiggen ought to be confirmed 
taken & layd out as is by them desired 

Daniel Denison 
Jos : Hills : 
Edw : Johnson 

In Ans'" to the peticofil of S : Bradstreete & Capt Wiggin 
the Court hath ordered that Eld"" Nutter & Tho : Cany shall 
lay out for them one thousand acres of Land vpon the greate 
Ryv"" of New'^'^awanett in such place as they shall make choise 
of not intrenching on any Towne bounds pticular mens 
gpryeties or to hind"" a plantacoQ- 

A true copie E. R. S*" 



Att a Court held at Wells the 4*'' of July 1653 by the 
Couiission''^ viz Rich : Bellingham Esq Cap*^ Tho : Wiggin 
Major Gennerall Daniell Dennison m"^ Edward Rawson and 
Cap* Brian Pendleton by virtue of A Coinission to them 
graunted by the Generall Court of the Massachusetts Col- 
lonie Dated the 7"' of June 1653. 



The Inhabitants of Wells being called according to their 
Suinons those whose names are here vnder written made 
their appearance & acknowledged themselues subject to the 



72 DOCUMENTARY HISTORY 

Gouernem* of the Massachusetts as witnesses their hands 
this4thof j^^]y 1653 

Joseph Emerson 

Ezekiell Knights Jonathan Thinge was appointed 

John Gooch & sworue Constable for one 

Joseph Bolles whole yere in the Towue of 

Johuath : J Thino- Wells Dat 4'^ July 1653. / 



~1 



his m'ke 
John Barret sefi! 
his ■j" fiike 
these tooke y*^ oath of freemen 
Jn° Gouch excepted 

the 5*^^ day of July 1653 theis the Inhabitants of Wells 
Came in vnto vs & subscribed their names as is here vnder 
written. 

Henerie Boade 

After the seuerall Inhabitants of Wells, Saco & Cape por- 
pus had subscribed theire subjections The Comissione^^ 
Judged it meete to graunt them to be freemen & they took 
theire oathes in open Court accordingly : 5 : Julj^ 1653. 

In y^ Case of Jn° Baker The Judgra* of y*' Court is y* Jn° 
Baker shall be bound to y'' good bebaviou'" & henceforth that 
he shall not preach : 

Griffen Montegue was chosen & sworne Constable for 
Cape Porpus./ 

Morgan Howell of Cape Porpus, Doth acknowledge him- 
self bound in ffitfty pounds to y* Treasurer of the Countrie 
on y® Condicon that he. will gsecute his accon against Jn** 
Baker at the next County Court to be held at Yorke. 



OF THE STATE OF MAINE. 73 

The Comissioner' being Informed y* Jn° Smith of Saco is 
necessarily detained from Coming to yeeld his subjection to 
this Cxouernment & y' it is his desire to subject himself to 
this Gouernment they doe grant y' on his acknowledgmiit 
of subjection to y' GoQment any two of y® Comissione^s at 
Saco ma}^ & hereby have libert}^ to give him the oath of 
freemen. 

The like liberty on y'^ like termes is graunted to y^ Comis- 
sioners of Wells to Administer the like oath to Richard Ball 
Rich Moore Jn° Elson. Arther Wormestall & Edward 
Clarke. 

The Comissioners being Informed y* Saco is destitute of a 
good minister w'^'^ is much desired, that due Care be taken 
to Attaine the same, & in the meane time that theire peace 
might be preserved. They doe declare & order Robert 
Booth shall haue libe^'tie to exce''cise his guifts for y° tediffi- 
cation of the people there, and George Barlow at the 
Request of seQrall of y® Inhabitants there is hereby forbid 
any more publiquely to preach or prophecy there, vnder the 
poenalty of tenn pounds for euery offence :) 

Voted 



Return 

The Retourne of the Comissione^'s who vppon the 
Comission Graunted by the Genuerall Court 
bearing date the 7*^ of June 1653, viz Richard 
Bellingham Esq*" Cap*^ Thomas Wiggin Daniell 
Dennison Sarjan*^ maj""" Gennerall Edward Raw- 
son Secret and m' Brian Pendleton In Order to 
theire Comission Repaired To Wells & sent out 
Suiiions to the Inhabitan'^ of Wells Saco and 
Cape Porpus to Appeare before them : the 4"^ of 
July. 1653. 



74 DOCUMENTAEY HISTORY 

Wells. 4''' of July 1653 at m' Emersons house 
The Comissione''a above mentioned by vh'tue of their Com- 
ission held and kept Court there and Cawsed the Inhabitants 
of Wells by name pticcularly to be Called according to theire 
sumons And those whose names are heerevnder written 
made theire Apjoearances and acknowledged themselves sub- 
ject to the Gouernment of the Massachusetts as wittnesse 
theire hands, this 4'" of July 1653 
Joseph Emerson Ezekiell Knights Jn° Gooch 
Joseph Bolles Jn°than "7 Thing Jn° X- Barrett sen' 

After theire subjection The Comission''s Judged it meete 
to Graunt them to be freemen and accordingly Administered 
the oath of freemen to them : 

And for the better effecting the ends of theire Comission 
they Appointed Jn°than Thing to be Counstable there for 
one whole yeere and gave him the Counstables oath accord^ 
ingly. 

And whilst the names of the Inhabitants of Wells were 
Calling ouer W"" Wardell one of the Inhabitants there Com- 
ing by was Called to Come in & Ans'" to his name which he 
Refused & Contemptuously turned his backe on the Court, 
for which Contempt The Court graunted out a warran* to 
the Counstable, to fetch the said W"" Wardell before them 
to Ans"^ his Contemp*^ & so Adjourned the Court to m'^' Eze- 
kiell Knights, to which place The Counstable brought the 
said Wardell. The Rest of the Inhabitan*^ of Wells Accom- 
panying him The Court demanding a Reason of the said 
Wardell for his Contemptuous behauio*" who excused himself, 
that his Intent was no* to Comtem, the Court but Rather 
to endeavo' to gett the Rest of the Inhabitants of Wells, that 
had no* Appeared to Come in & make theire Appearances. 
The Court At the Reques* of the Inhabitants, who gmised y*^ 
said Wardell should be forth Coming the nex* day, Dismist 
the said Wardell & Adjourned the Court till the next day 8 
of y^ clocke. 



OF THE STATE OF MAINE. 75 

July S*!^ 1653 

Att which time the Court mett Againe And the Inhabi- 
tants of Wells were Called according to theire SuiTions And 
Appearing 

Wee whose names are heerevnder written Inhabitants of 
Wells Doe heereby freely acknowledge ourselves subject to 
the Gouernment of the Massachusetts. Wittnes ou^ hands 
this 5^"^ of July 1653 

Jn° Wadley Edmond Litlefeild Jn° Saunders 
Henry Boade Jn" Bush Robt Wadly tfrauucis Litlefeild seQ 
Jn° White Samuel Austin W^^ Hamans Jn° Wakefeild 
\Vm Warden Antho. Litlefeild Jn° Barrett JuQ Tho Litlefeild 
Thomas Mittes Nicholas Cole W"^ Cole 
flrancis Litlefeild Jufl 

The Court at y^ Request of these Inhabitants accepted y' 
submission of W'" Wardell And To these above mentioned 
Also the Comissione^s Graunted they should be freemen and 
in open Court gave them the freemans oath : And ffurther 

Whereas the Toune of Wells hath acknowledged them- 
selves subject to the Gouernment of the Massachusetts bay 
in New England as by theire Subscriptions may Appeare == 

Wee the Comissione'"s of the Gennerall Court of the Mas- 
sachusetts for the setling of the Gouernment amongst them 
and the Rest w^'^in the bounds of theire charter Northerly to 
the full and Just extent of theire line haue thought meete 
and Doe Actually Graunt 

1 That Wells shall be a Touneshipp by itself and alwaies 
shallbe a part of Yorkshire and shall enjoy protection sequall 
acts of favor and Justice w'*^ the Rest of the people Inhabit- 
ting on the south side of the Riuer of Piscataq, w*'' in the 
limitts of our Jurisdiccon and enjoy the priviledges of a 
Towne as others of the Jurisdiccon haue and doe enjoy w"* 
all other libe'"ties and priviledges to other Inhabitants in our 
Jurisdiccon 



76 DOCtHMENTARY HISTORY 

2 That euery Inhabitant shall haue and enjoy all theire 
Just proprieties titles and Interests in the howses and lands 
which they doe possesse whither by Graunt of the Towne 
possession or of the former Gennerall Courts. 

3 That all the p^sent Inhabitants of Wells shall be free- 
men of the Countrie and having taken the oath of freemen 
shall haue libertie to give theire votes for the Election of 
the gouerno' Asistants and other gennerall office''s of the 
Countrie 

4 That the said Toune of Wells shall haue three men 
Approoved by the County Court from yeere to yeere to end 
smale cawses as other the Touneshipps in the Jurisdiccon 
hath where no magistrate is according to lawe, and for this 
present yeare m"" Henry Boade m' Thomas Wheelewright & 
m' Ezekiell Knight Are Appointed and Authorized Comis- 
sione's to end all smale cawses vnder forty shillings accord- 
ing to laAve And further these Comissioners or any two of 
them are and shall be Impoured and Invested w"^ full power 
and Authoritie as a magistrate to keepe the peace and in all 
Ciuill Cawses to graunt Attachments and executions if neede 
Require. Any of the said Comissione's haue power to 
examine offendo^'s to comitt to prison vnlesse baile be given 
according to lawe And when these or any of these shall 
judge needefull they shall haue power to binde ofFendors to 
the peace or good behaviou'' Also any of these Comissione^'s 
have power to Administer oathes accordmg to lawe Also 
marriage shall be solemnized by any of the Comissioners 
According to lawe. 

Itt is further heereby Ordered & Graunted that for this 
present yeare m' Henry Boade m'' Thomas Wheelewright 
m^- Ezekiell Knight Jn° Wadley & Jn° Gooch shall be the 
select men to order the prudentiall Affaires of the Toune .of 
Wells, for this yeare. 



OF THE STATE OF MAINE. 77 

mr Henry Boade m^ Thomas Wheelewright & m^ Ezekiell 
Knight tooke theire Respective oathes as Comissione''s or 
Associates vse to do. 

Lastly Itt is Graunted that the Inhabitants of Wells shall 
be from time to time exempted from all publick Rates and 
that they shall alwaies beare theire oune charges of the 
Courts &c Arising from amongst themselues. 

m^ Joseph Bolles was Appointed Clarke of the writts to 
graunt Warrants Attachments &c. 

m"" Ezekiell Knight is Appointed to be a Grand Jury man 
for the Toune of Wells for one yeere & tooke his oath 
accordingly : 

The Cawse betweene Morgan Howell and Jn" Baker is 
Contiuewed & Referd to be determined by the next County 
■ Court in Yorkshire. 

Jn" Baker did Acknowledge himself bound in twenty 
pounds to m"^ Richard Russell Treasurer of the Massachu- 
setts Jurisdiccon on this Condicon that he shall Appeare 
before the next County Court in Yorkshire to Ans'^ the said 
Accon or Complaint of Morgan Howell : 

6 July 53 

Seuerall Articles were exhibited against Jn° Baker flbr 
Abusive & approbrious speeches vttered by him against the 
ministers & ministry & for upholding Private meetings & 
gphechying to y® hindrance & disturbance of Publick 
Assemblings &c. Some of which being prooved Against him 
he tendered voluntarily to desist from gphecying publickely 
any more. 

The Court proceeded to Censure him to be bound to the 
good behauiou^ & forbad him any more publicquely to preach 
w**" in this Jurisdiccon. 



78 DOCUMENTARY HISTORY 

Jn° Bake'" did accordingly Acknowledge himself bound in 
twenty pounds to m^ Richard Russell Treasurer of the Mas- 
sachusetts on this Condicon that he willbe of good behaviour 
betweene this and the nex* County Cour' and make his 
Appearance at the said Courte if he be w*'' in this Juris- 
diccon :/ 

Wee the Comissione's of the Massachusetts for 
setling the Gouernment at Wells Cape Porpus 
and Saco being Informed of seuerall Dilier- 
ences amongst the Inhabitants of Wells w'^'^ 
were principally occasioned (as was professed 
in the Court) by those that called themselves 
the church there which differences wee were 
very desirous to Compose and therefore w^ere 
willing to be Informed of the proceedings of 

there being but , , , x- ^i • i u 

3 paoua left «d by those psous and the successe ol theire church 
Wardens w^ y estatc, after wee had heard what both parties 
Bion both m' Par- Could Say w*^ the Relation of m' Boade, Ed- 
mot & Warden nioud Litlcfcild and William Wardell wee 

were dismiat from •r»ii i- i-r>i 

theire church Re- wcrc fuUy sattisfaed that thcirc church Rela- 

lac~on at theire ^-j^j^ ^^g dissolved : 
owne Request. 

Wherevppon wee Advised them to desist from 
further Disturbance of the place by Asserting 
theire p'tended Church Relation and to Apply 
themselves for the future to some other Course 
which might Conduce more to the peace and 
setlement of the place which if they shall 
neglect to doe, and shall Continew theire 
vngrounded Assertion of theire church Rela- 
tion wee professe ourselves bound to beare 
wittnes against them for endangering the dis- 
turbance of the peace and welfare of those 
people, vnto whom (wee haue Cawse to hope 
thro' the blessing of God) our endeavou''s for 



OF THE STATE OF MAINE. 79 

theire good will not proove successless And 
therefore Doe earnestly desire they may not 
be Rendered fruitless by those especially who 
professe themselves before others to be the 
children of peace./ 

The Court Also proceeded to make this Protestation w"** 
was by the marshall publickly publisht : 

Whereas wee haue declared the Right of the Massachu- 
setts Gouernment to the Tonnes of Wells Cape Porpus and 
Saco and the Inhabitants thereof being Svraoned did Ap- 
peare before vs at Wells on this 5th of July 1653, and 
Acknowledged themselves subject thereby to and tooke the 
oath of freemen and fidellitie to the said Gouernment which 
by vs theire Comissione's haue Appointed and setled a Gou- 
ernment Guer them Wee doe therefore heereby Protest 
against all persons whatsoeuer that shall challenge Jurisdic- 
con or excercise any Act of Authoritie ouer them or ouer 
any other psons to the northward Inhabitting w**" in the 
limitts of our patents which doth extend to the latitude of 
forty three degrees forty three minutes and H of northerly 
lattitude but what shall be derived from vs the Comissione's 
or the Gennerall Court of the Massachusetts 

Given vnder our hands at Wells in the County of Yorke 
the 6**^ of July. 1653. & signed 

Richard Bellingham 
Tho Wiggin 
Daniell Dennison 
Edward Rawson 
Brian Pendleton 

Itt was Ordered Also that tho select-men of the Toune of 
Wells shall & heereby are Impowred to Appointe a raeete 
pson to keepe an ordinary there for entertainment of 
strangers 



Thomas Williams. **S 



80 DOCUMENTARY HISTORY 

Jn° Saunders & Jonathan thinges as serjants are Ap- 
pointed to excercise y^ souldiery there 

Att A Court held at Wells by 
the above mentioned Cora- 
issione's the 5**" of July 1653 

The Inhabitants of Saco being by name pticcularly Called 

made theire Appearances according to theire svmons and 

those whose names are heerevnder written Acknowledged 

themselves subject to the Gouernment of the Massachusetts 

as wittnes theire hands this 5"' of July 1653 

m'ke 

Richard R Hitchcock Rob' Booth 

William Scadlocke James Gibbins 

Jn° AVest Peter Hill Christopher Hobbs 

Richard Cowman Ralfe Tristram Henry Waddocke 

Thomas Rogers Philliph Hinckson George Barlow 

Thomas Reading 

Thomas Hale 

The Comissione''s Judged it meete to graunt them to be 

freemen and Accordingly gaue them the freemans oath 

which they tooke in open Court : 

And Avhereas the Toune of Saco hath acknowledged them- 
selves subject to the Gouernment of the Massachusetts bay 
in New England as by theire subscriptions may Appeare :/ 

Wee the Comissione''s of the Gennerall court of the Mas- 
sachusetts for the setling of Gouernment amongst them and 
the rest within the bounds of theire charter northerly to 
the ffuU and just extent of theire line haue thought meete" 
and doe actually Graunt. 

1 That Saco shall be a Touneshipp by itself and alwaies 
shallbe a part of Yorkshire and shall enjoy protection tequall 



OF THE STATE OF MAINE. 81 

acts of favor and Justice w*^ the rest of the people Inhabit- 
ting on the southside of the Riuer of Piscataqj or any othsr 
w^'^in the limitts of our Jurisdiccon and enjoy the priviledges 
of a Toune as others of the Jurisdiccon haue and doe enjoy 
w"' all other liberties and priviledges to other Inhabitants in 
ou' Jurisdiccon 

2 That euery Inhabitant shall haue and enjoy all theire 
Just proprieties, titles, and Interests, in the howses and 
lands which they doe possesse, whither by graunt of the 
Towne, possession or of the former Gennerall Courts. 

3 That all the present Inhabitants of Saco shall be free- 
men of the Countrie and having taken the oath of freemen 
shall haue libertie to give theire votes for the Election of 
the Gouerno' Asistants and other Gennerall officers of the 
Countrie 

4 That the said Toune shall haue three men Approoved 
by the County Court from yeere to yeare to end smale 
cawses as other the Touneshipps in the Jurisdiccon hath 
where no magistrate is according to lawe and for this p''esent 
yeare m' Thomas Williams Rob*^ Booth and John West are 
Appointed and Authorized Comissione''s to end all smale 
cawses vnder forty shillings according to lawe : And further 
these Comissioners or any two of them are and shall be 
Impoured and Invested w*'' full power and Authoritie as A 
magistrate to keepe the peace and in all ciuill Cawses to 
graunt Attachments and executions if neede Require : Any 
of the said Comissioners haue power to examine offendo's, to 
Comitt to prison, vnlesse baile be given according to lawe. 

And when these or any of these shall Judge needefull they 
shall haue power to binde offendors to the peace or good 
behaviour Also any of these Comissione" haue power to 
6 



82 DOCUMENTARY HISTORY 

Administer oathes according to la we Also marriage, shall be 
solemnized by any of the Comissione's according to la we. 

Itt is further heerel^y Ordered and Graunted that for the 
p'sent yeare m' Thomas Williams, Robert Booth, and Jn" 
West shallbe the select men to order the prudentiall affaires 
of the Towne of Saco : for this yeare : And they tooke 
theire Respective oathes as Comissione's or Associates vse 
to doe. 

Lastly Itt is Graunted that the Inhabitants of Saco shall 
be from time to time exempted from all publick Rates and 
that they shall Alwaies beare theire owne charges of the 
Courts &c Arising from Amongst themselves. 

Ralfe Trustrum w^as Appointed Counstable there and 
tooke his oath- 

"VY™ Scadlocke was Appointed A Grand-jury man for this 
yeere and tooke his oath : also he was Appointed Clarke of 
thewritts 

Richard Hitchcocke was Appointed & Authorized as A 
serjant to exercise the Souldiery at Saco :/ 

The Comissione'"s being Informed y* Jn° Smith of Saco is 
necessarily detayned from Coming to yeeld his subjection 
to this Gouernment they doe Graunt that on his acknowl- 
edo^ement of subjection to this Gouernment Any two of the 
Comissione^s at Saco may and heereby haue libertie to give 
the oath of a freeman. 

The like liberty on the like termes is graunted to the 
Comissione's of Wells to Administer the like oath to Rich- 



OF THE STATE OF MAINE. " 83 

ard Ball Rich Moore Jn° Elson Arthur Wormestall & 
Edward Clarke. 

The Comissione" being Informed that Saco is destitute of 
a good minister Avhich is much desired that all due Care be 
taken to Attaine the same & in the meane time that theire 
peace might be p^'eserved. They doe Declare and order that 
Robt Booth shall haue libertie to excercise his ijuifts for the 
gediffication of the people there Seuerall of the Inhabitan*s 
Complayning y* George Barlowe is A disturbance to the 
place : The Comissione'^ at theire Request thought meete to 
forbidd the said George Barlow any more publicquely to 
preach or prophecy there vnder the psenalty of tenn pounds 
for euery offence./ 

It is Ordered that the Inhabitants of Wells Saco and Cape 
Porpus shall make sufficient highwaies w*'^in theire Tounes 
from bowse to howse cleere and fitt for foote and Carte 
before the next County Courte vnder the poenalty of tenn 
pounds for euery Townes Defect in this particular And that 
they lay out a sufficient highway for horse & foote betweene 
Toune & Toune w^'^in y* time. 

Att A Court held at Wells 5 July 
1653 by the above mentioned 
Comissione" 

The Inhabitants of Cape Porpus was Called and made 
theire Appearance according to theire Sumons and Acknowl- 
edged themselves subject to the Gouernment of the Massa- 
chusetts as foUoweth 

Wee whose names are vnder written doe acknowledo-e 



84 DOCUMENTARY HISTORY 

ou^ selves subject to the Gouernment of the Massachusetts 
as wittnes our hands 

mrke 
mrke CT'CT 

Morgan ]^/[ LJ Howells Griffin Montague Steeven Batsons 
Christopher Spurrell John Baker Gregory Jeoiferys 

Thomas Warner William Renolles Peter Turbat 

Jn" Cole Simon ^ Trott Ambrose Bury 

To these Above mentioned also the Comissione""' Graunted 
they should be freemen and in open Court gaue them the 
freemans oath 

And further 

Whereas the Toune of Cape Porpus hath acknowledged 
themselves subject to the Government of the Massachusetts 
Bay in New England as by theire subscriptions may Appeare 
Wee the Comissione""^ of the Gennerall Court of the Massa- 
chusetts for the setling of Gouernment amongst them and 
the Rest w**^ in the bounds of theire charter northerly to the 
full and Just extent of theire line haue thought meete and 
doe Actually Graunt 

1 That Cape porpus shallbe a Touneshipp by itself and 
alwaies shallbe a part of Yorkshire and shall enjoy sequall 
protection Acts of favor and Justice w*"" the Rest of the 
people Inhabiting on the south side of the Riuer Piscataq, or 
any other w"' in the limitts of our Jurisdiccon and enjoy the 
priviledges of a Toune as others of the Jurisdiccon haue and 
doe enjoy w'^ all other liberties and priviledges graunted to 
other Inhabitan*' in ou' Jurisdiccon. 

2 That euery Inhabitan* shall haue and enjoy all theire 
Just proprieties titles and Interests in the howses and lands 
which they doe possesse whither by graunt of the Toune 
possession, or of the former Gennerall Courts. * 



OF THE STATE OF MAINE. 85 

Wee whose names are heerevnder written Inhabitants of 
Wells doe heereby freely Acknowledge o"" selves subject to 
y* Gouernment of the Massachusetts as wittn[es] our hands 
this 5 July 1653 

Henry Boade 
John Wadly 
Edmand Littlefield 
John Saunders 
John White 
John Bush 
Robert Wadley 
ffrancis Littlefeild seanier 
William Wardell 
Samuell Austine 
William Hamans 
John Wakefeild 
Thomas Milles 
Anthony Littlefield 
John litlfeild 
John barrett Junior 
Thomas littlefeild 
ffrances Littlefield Junior 
Nicholas Cole 
WiHm Cole 
These all tooke the oath of freemen : the day above men- 
tioned in open Court 

Edward Rawson 



Wee whose names are heerevnder written Inhabitants of 
Saco. Doe hereby freely acknowledge ourselves subject to 



86 DOCUMENTARY HISTORY 

y'' Gouernment of the Massachusetts, as wittnes o' hands y^ 
5 July 1653 

Thomas / Williams 

Eichard P Hitchcox 

Robt Booth 
John West 
William ScadLock 
James Gibbins 
Richard Cowman 
Peter Hill 
Christopher Hobs 
Thomas Rogers 
Ralph Tristum 
Henry Waddock 
Thomas Reading 
Phillip Hinkson 
George Barlo 
Thomas Hale 
These all tooke theire oathes of freemen in open Court y*^ 
day & yeere above written. 

Edw : Rawson 



The names of y® Inhabitants of West Saco 

M' Thomas Williams 

M' Richard Hitchcox 

M' John West 

M' John Smith 
Robert Booth 
W^illiam Scadlock 
Ralph Tristum 



OF THE STATE OF MAINE. 87 

John Laytou 
Peter Hill 
John Hollicum 
Joh Sparks 
Christopher Hobs 
Nicolas Bulle 
Thomas Hale 
Phillip Hinkson 
Richard Cumins 
Roger Hunniwell 

The names of y® Inhabitants of 
East Saco 
M' John Bonithon 
James Gibbins 
Henry Wad dock 
Thomas Reading 
George Barlo 
Thomas Rogers 

Itt is Ordered y* the Inhabitants of Wells, Saco, & Cape 
porpus shall make sufficient high waies w^"^ in theire Townes 
from howse to howse cleere aud fitt for Carte and foote 
before the next County Court vnder the poenalty of tenn 
pounds for euery Tounes Defect in y' pticcular. And that 
they lay out a sufficyent high way for horse & foote 
betweene Toune & Toune w"' in y* time. 



The 5**^ July 1653 the Inhabitants of Cape Porpus being 

lied according to their Sumons 

Wee whose names are heerevnder written doe acknowledije 



bo DOCUMENT AEY HISTOEY 

our selves subject to the GoQnem* of the Massachusetts as 
witnesseth our hands here vnder written./ 

Morgan MJ Howell ^^^^^^ ^^^ ^^^'°° 

/ I I his marke 

^'' >^^^^'^^^ John (2^ Cole 

Griffin \ Montagu 

his marke 
John Baker 

Gregory C^ . Jeferyes his mark 

his marke The m'^ke of 

Simon ^trote ^,^^^^ /^roseBerrey 

his marke 



his marke 
Christopher r^^°* Spurell 



Toma wan"" y« is Thomas Warner 
William rrenolles Renolls 




Pette-- Y turbat 
his marke 



These also all tooke the oath of freemen y'= Day and yeere 
above written : in open Court 

Edward Rawson. 

The names of y'' Inhabitants of 
Cape Porpus 

Griffin Montague 
Edward Clark 
John Cole 
William Reinolds 
Peter Turbutt 
Gregorie Jetferi 
Thomas Warner 
Aurther Wormstatt 



OF THE STATE OF MAINE. 89 

Ambros Berrie 
John Elsiii 
Stephen Batson 
Christopher Spurwett 
Morgan Howell 
Simon Trott 
Rich : Moore 



Grants. 
Graunts to Wells Saco & Cape Porpus &c 

5 July 53 
Whereas the Toune of Wells hath acknowledged them- 
selves subject to y° Goulnmen* of the Massachusetts Bay in 
New England : as by theire subscriptions may Appeare. 
Wee the Comissione" of the Gennerall Court of the Massa- 
chusetts for the setling of Gouernment amongst them and 
y^ Rest w"' in the bounds of theire charter Northerly to the 
full & Just extent of theire line haue thouo:ht meete & Doe 
Actually Graunt 

1 That Wells shall be a Touneshipp by itself and alwaies 
shall be a part of Yorkeshire : and shall enjoy proteccon 
aequall acts of favor and Justice w*'' y^ Rest of the people 
inhabitting on the south-side of the Riuer Piscataqj w"^ in y® 
limitts of ou'' Jurisdiccon & enjoy y® priuiledges of a Toune 
as others of the Jurisdiccon haue and doe enjoy w*'^ all othe' 
liberties & priviledges graunted to other Inhabitants in our 
Jurisdiccon 

2 That euery Inhabitant shall haue and enjoy all theire 
Just proprieties titles & Interests in the bowses & lands 
wch they doe possesse whither by Graunt of the Toune, 
possession, or of the former Gennerall Courts, 



90 DOCUIVIENTARY HISTORY 

3 That all the ^ysent Inhabitants of Wells shall be free- 
men of the Countrie and having taken the oath of freemen 
shall haue libertie to give theire votes for the Eleccon of the 
GoQno'" Asistants and other gennerall officers of the Coun- 
trie. 

4 That the said Toune of Wells shall haue three men 
Approoved by y^ County Court frome yeere to yeere to end 
smale Cawses as other the Tounshipps in the Jurisdiccon 
hath where no magistrate is according to lawe & for this 
present yeere m'' Henry Boade m"^ Thomas Wheelewright & 
m"" Ezekiell Knight are appointed & Authorized Comissione" 
to end smale cawses vnder 40* accordins; to lawe and further 
these Comissione''^ or any two of them are & shall be Im- 
powred & Invested w*"* full power and Authoritie as a mag- 
istrate to keepe the peace, & in all civill causes to graunt 
Attachments & executions if neede Require any of the sd 
Comissione'"^ haue power to examine offendo^'s to Comitt to 
p''ison vulesse baile be given according to lawe And when 
these or any of these shall Judge needfull they shall haue 
powe"" to binde offendo^'s to y^ [)eace or good behauio'' Also 
any of these Comissione'^ haue powe'' to Administer oathes 
according to lawe 

Also marriage shall be solemnized by any of the Comis- 
sione'^ according to lawe. 

Itt is further heereby ordered & Graunted that for y^ 
present yeere m"" Henry Boade m"" Tho : Wheelewright : 
Ezekiell Knight Jn° Wadly & Jn'' Gouch shall be y* select 
men to order the prudeutiall Affaires of the Toune of Wells 
for this yeere : 

M"" Joseph Boules is Appointed Clarke of the writts, to 
graunt warrants Attachments &c 



OF THE STATE OF MAINE. 91 

JVP Ezekiell Knight is Appointed to be A Grandjuryman 
for y® Towne of Wells for one yeare. sworne./ 

Jn° Saunders & Jn"than Thing are Appointed And 
Authorized, as Sarjau^' to exercise the Souldiery heere 
according to lawe. 

Lastly, Itt is Graunted that the Inhabitants of Wells 
shall be from time to tyme exempted from all publicly Kates 
& that they shall Alwaies beare theire owne charge of the 
Courts &c. Arisino- from amonii^st themselves. 

The like Graunts are made to y° Inhabitants of Saco :/ 
y® names altered 

M-- Thomas Williams, Rob* Booth & Jn° West Comis- 
sione" & select men as y'' other 

Ralf Trustrum is Appted grand Jury man, for y^ yeere & 
Clarke of y* writts Also sworne 

Richard Hitchcocke is Appointed & Authorized as A sar- 
jant to excercise y** souldiery at Saco : 

Itt is Ordered y* the Sarjants of Wells by turnes shall goe 
& excercise the souldiery at Cape porpus according to lawe 
till y** County Court in Yorkeshire or Gennerall Court on 
theire nomination shall Appointe another 

ffor Cape Porpus 

Gregory Jeiferyes grand Jury man, & tooke his oath 

W"" Reignalls is allowed to keepe a ferry at Kennybuncke 
and to haue 3*^ a passenger. 



92 



DOCUMENTARY HISTORY 



The Cawse betweene Morgan Howell and Jn° Baker is 
Continewed and Referred to be Determined by the next 
County Court in Yorkshire, & Jn° Bake"^ Doth Acknowl- 
edge himself bound in twenty pounds to Rich Russell Treas- 
urer of the Massachusetts Jurisdiccon on this Condicon y* 
he shall Appeare before the next County Court in York- 
shire, to Ans'" the said Accon or Complaint of Morgan 
Howell. 

Jn° Baker Acknowledgeth himselfe bound in twenty 
pounds to Rich. Russell Treasurer of the Massachusetts on 
y*" Condicon y' he shall be of good behauiou"" between y' & 
the next County Court, and that henceforth he shall not 
preach publicqly w''' in y' Jurisdiccon — making his Appear- 
ance at y^ s" Court if he be w"' in this Jurisdiccon :/ 



Protest July 6. 1653. 
The Comissione" protest agt an}^ exce''cising of power &c. 

Whereas we haue declared the right of the Massatusets 
goverment to the townes of Wells Cape Porpois, and Saco 
and the Inhabitants thereof being sumoned did appeare 
before us at Wells on the 5'" of July 1653 and acknowledged 
themselfes subject and tooke the oath of freemen and fidel- 
lity to the sd Goverment which by us their Comissioners 
have appointed and setled a goverment ouer them we doe 
therfore heereby protest against all psons whatsoeuer that 
shall challeng Jurisdiction or excercise any act of authority 
ouer them or ouer any other psons to the northward inhabit- 
ing wthin the Limytts of our patents, w*"'' doth extend to the 
latitude of forty three degrees forty three minutes and H of 
northerly latitude but what shall be deriued from us the 



OF THE STATE OF MAINE. 93 

Couiissioners or the Generall Court of the Massachuset 
Given under our hands at Wells in the County of York the 
6"^ of July 1653 

Ri. Bellingham 
Tho Wiggin 
Daniel Denison 
Edward Rawson 
Brian Pendleton 



A Short View of M" Ann Masons Case Touching her 
Lands in New England breifly Extracted out of her Patents 
Captain Masons Will and severall Letters and Advises from 
New England . 

That Captain John Mason haueing bestowed great Charges 
in discoveryes and preparations towards a plantation was 
En stated in fee by Patent from King James in severall 
Tracts of Land in new England by the name of New Hamp- 
shire and Masonia And also together with S"" Ferdinando 
Gorges and other Associates in severall other Lands by the 
name of Liconia lyeing near Piscataqua and Newichawanneck 
by the Authoritie of the President and Councell of New 
England 

Appears by the Teno*' of the respective Patents That the 
said Captain Mason and Associeates became Possessed thereof 
accordingly Laid out great Sumes of money in Buildings 
Mills carrying ouer of servants And families who still live 
there And were Comonly owned and reputed as Lords of 
those severall Territoryes and received ffines Quitt rents and 
other duties by virtue of the said Patents. 

Appeare by the severall Letters and Advises 
of m'^ Godfrey Governo'' of Agomenticus : 
Joseph Mason Agent for M'^ Ann Mason 
and m"" Henry Jocelin Numb^ 1 : 2 : 3 : 4 ; 
6: 7: 8: 9: 



94 DOCUMENTARY HISTORY 

That Cap* Mason by his Last Will gave out of his Share 
of the s'' Lands 2000 Acres to the Corporation of Kings 
Lynn in Norfolke for the Vse of the poore 1000 Acres to 
the vse of a schoole within the said Plantation 3000 : acres 
to S' John Wollaston Kn* : 2000 : acres to m"" Alderman 
Noel by Codicill 10000 Acres to Ann Tufton alias Gibbons 
the now Wife of D'' Gibbons ; 

The remainder to his said Widdow dureing life and after 
to Robert Tufton als Mason and his heirs the reversion to 
D'' Mason and his heires and made his wife M""* Ann Mason 
Executrix and Dyed : 

Appears by the teno"" of the said will and 

Probate there vpon vnder seall of Cor* 

That there was a devision made by the said associ3ates of 

the Land lyeing North-East from Pascataway And that Capt 

Masons Lott fell at Newichawanneck And Contains fifteen 

miles in Length and Three in breadth 

Appears by a Coppie of the said Devission 

Numb'' 10 And hy the Letters of m'' Joseph 

Mason Number 8:9: And by the Letter 

of Advise of n/ Godfrey number 3 

That the great House att Pascataway and the house at 

Strawbury banke with the Isletts and marshes adjoyning 

remained In Comon to the said Associeates vndevided and 

that Cap* Mason was to have f partes thereof. 

Appears by the said Coppie of the Devission 

numb"" 10 

And the Letters of Joseph Mason Numb"" 

8:9: 

That the Inhabitants of Ketterie and Agamenticus takeing 

advantage of the Death of Cap* Mason & S"" lierdinando 

Gorge &c and the absence of their heires have Devided 

great Quantities of the said Lands at Pascataway that lay 

in CoiTion to all the said Associeates amongst 30 families of 



J 



OF THE STATE OF MAINE. 95 

themselues many of them being the servants & children of 
the servants of the said Cap' Mason 

Appears by a copie of the said Devission 
Made att a meeting held att Strawburie 
banke G"^ September 1645 Niim 11 
And by the aforesaid letters of Joseph Mason 
nuin'''- 8-9 
It appears by the Copie of a remonstrance of the present 
state of New England Vnder the hand of m'' Godfrey Gov- 
erno'' of Agamenticus that the said Associeates have suffered 
Losse in their houses at Pascataway (wherein Captain Mason 
had a large share) to the value of 7000^ And the said Capt. 
Mason and his widdow ouer and aboue in their owne partic- 
ular 4000' Damage. 

See the said remonstrance Number 7 : That Cap* Mason 
had built Saw mills vpon the river of Newichawanneck vpon 
his owne portion there which are since ruined and the 
materialls Devided amongst Cap*^ Masons Servants vnder 
pretence of wages due to them to the great prejudice of the 
said widdow and parties Interested in the said will 

Appears by the Letters of the said Joseph 
Mason Num'"" 8 9 
That the said servants of Cap* Mason refused to give any 
accompt of the said Materialls and other goods of the said 
Cap* Mason of great Value which they have seized on to 
their owne vse viz* m"" Roger Knight m"" Ambros Gibbons 
one Chadburn and his sonnes Wall Goddard & others 

Appears by Letters from the s*^ Agent Joseph 
Mason Num'^-- 8-9 

(2) 

That ouer and above all this Damage there is a designe on 
foot by the said Servant and other tenants to Invade & 
posseese all the said Lands to their owne vse And in par- 
ticular that one m'' Richard Leader vnder pretence that all 
Patents Made by authority of the Late King arc voyd and 



96 DOCUMENTARY HISTORY 

those Lands otherwise Disposed of by parliament as he pre- 
tends, But Especially bearing himselfe vpon the name & 
repute of m"" ffrost Secretary of Estate of England whome he 
pretends to have a stock of 2000^ In adventure with him on 
that very designe ; hath possessed himselfe of the Lands at 
Newichawanneck belonging to the widdow Mason and being 
more in value then all the rest of her lands in New England 
Is letting the same out to tenants vpon his owne accompt is 
building of saw mills where Cap' Masons Mills formerly 
stood Cutts down her timber and hath in designe vtterly to 
Dispossesse the s"^ widdow of her right there And in persu- 
ance thereof by the Complyance of Capt Masons servants & 
tenants who are loath to be brought to an accompt for their 
Deallings hath procured an order in favor of his said designe 
from some of the Inhabitants of Ketterie 

Appears by the Advise of m'" Godfrey num""" 

3 and of m'' Jocelyn num'"'" 6 : and of Joseph 

Mason num'"" 8-9 
That the said Joseph Mason in the name of the said Wid- 
dow M" Ann Mason hath made his protestation in due man- 
ner against the said Indirect proceedings 

as Appears by a copie of the said Protest 

num*^"" 5:2: 

That what is aboue & in these three sheetes Annext 
written is a true Copie of a paper in such parragraff^ as was 
presented to the Generall Courts in y^ yeares 1652 and in 
August 1653 by m"" Joseph Mason in behalfe of M" Ann 
Mason as her Agent & Atturney & left on file being there- 
with Compared Attests 

Edward Kawson Secret 



OF THE STATE OF MAINE. 97 

Return of the Commissioners Ratified SejJt. 5. 1653. 

The Geiinerall Coiirte of the Massachusetts 
To the Inhabitants of Wells Cape Porpus & 
Saco : 

Having perused the Retourne of our Comissioners pro- 
ceedings at Wells In July last in challenging Jurisdiccon and 
setling our Gouernment in those part Conflfrniing the Rights 
and Grauntinj; Priviledg^es to the Inhabitants there Wee Doe 
Rattify and Confirme the same and doe and shall expect 
obedience and Submission to this GoGlnmt and Doe promise 
Asistance and protection vnto them against any that shall by 
any pretence endeavor to Disturbe them and becawse wee 
vnderstand that m'' Cleaves pretends a title to those parts 
Wee doe therefore heereby will and Couiand yo''' & euy of 
you to Continew in you'' obedience vnto vs and to oppose 
and Resist any that shall (from or vnder him or any other 
then such as derive theire Authoritie from the Gennerall 
Court of the Massachusetts endeavor to excercise Jurisdiccon 
ouer yo^ :/ 

The Magis*' haue past this w*'^ Reference to the Consent 
of theire bretheren the depu*^ heereto 

Edward Rawson Secret 

5 Septem15 1653 



Letter to Mr. Cleve, Sept. 5, 1653. 

M'' Cleue according to your desire, wee tender this 
account ot our pceedings at Wells Cape Porpoise Saco &c. 
In the yeare 1652 wee ordered some members of this Court 
w"^ two Artists to make a true discouery of the most North- 
erly branch of Merrimacke that accordingly wee might lay 
out the Northerly line of our Patent w*^"" is to extend 3 miles 
7 



98 DOCUMENT AKY HISTOEY 

beyound the most Northerly pte of Merrimack riuer : which 
Line is to run throw the maine land of America from East to 
West in the Latitude of 43'' 43' -^^ And in further gsecution 
of the same Wee did in July last dispatch our Comissioners 
to Wells, Cape Porpoise, and Saco, to Challenge our right 
by patent ouer those parts, where the Lihabitants did volun- 
tarily acknowledg themselues subject to this Goverment, 
and tooke oath of fidellity & freemen to the same. 

Our Comissioners publishing a ptestation at Wells ag^' any 
person or psons that should challeng Jurisdiction or excer- 
cise any act of Authority ouer them, or ouer any other 
psons inhabiting w"' in the Limitts of our patent (w*^'' doth 
extend to the latitude of 43'^ 43' tV of northerly latitude) l)ut 
what shall be deriued from the Genii Court of the Massatu- 
setts. All which acts of our Coinissioners wee haue ratifyed 
and Confirmed and shall endeauour by all law full meanes to 
maintaine & defend our just rigts in those parts granted 
unto us in our patent 

The magis*' haue past this w^"^ 
Bost Sept : 5. 1653. Keference to the Consent 

of theire bretheren the dep- 
u*^ heereto 

Edward Rawson Secret 
The Deputyes Consent w*^ o*^ 
bono""'' magists herein 
William Torrey Cleric' 



Depositions. 

The Deposition of Robert Mendom Constable of Kittery 
& John Tucker & Nikolas Lux sayth That beinge Required 
by the Marshall of Yorke to asist him & to keepe the peace 
in the leuings an execusiou at i\V Gunnisons the : 20 : of 



OF THE STATE OF MAINE. 99 

Decern : 53 ; to satisfie a Dept to Cap' Nikolas Sbapleigh : 
wheu wee Came into the house wee saw the marshall begin 
to leuy his execusion vpon some pewter but m*" Gunnison 
tooke it away by violence the sayd m'' Gunnison goinge into 
an Inner Roome fetched out a sord & tooke m"^ Norton by 
the shoulder & bid him Come forth a dores & he would shew 
him goods enough : but did shew none : wherevpon the fore- 
said Constable thrust the marshall bake & tooke away the 
sorde from m"" Gunnison : & many times m"" Gunnison dared 
the marshall if did medle with any theare one should dy for 
it : but sayd hee would shew him goods abrowde : but did 
not : but when wee weare oute hee lokt the Dore vpon vs & 
kept vs out whearat the Constable desired to Come in but 
he would not let him in ; whearat the Constable sayde hee 
would breake open the dore : & m"" Gunison bid him Come 
at his perill then & take what follows also when the praisers 
went into the brewhouse to prayse such goods as weare leuied 
hee asked one of the praysers what he did theare : & bid him 
bee gon & the sayd m"" Gunnison had a pistole Redy Charged 
as wee weare Informed : soe that the marshall durst not Cary 
any thinge oute of the house 

Taken before mee this : 21 : of Decemb 
53 opon oath 

Brian Pendleton 

"Deposition of William Reeves & Rich : Stone." 
We hose nomes are hear vnderriten do teastifie that beinsf 
at the howse of hvgh Gollison whar thar did svm diferrence 
a rise a bovte the leavelling of a exsicvsen for m'' Nicholas 
shaplie wee did hear hvgh Gollisen Dissier the marchall to 
for bar ritiing his hovse and to go with him at the sam plase 
ond he wovld delliver goodes to hem as howses landes and 
other goodes to the vallie of the exsicvsen and in Case ther : 
war not ennvfe hee shovld Com peasaljly in to his Dwelling 



LofC. 



100 DOCtnvIENTARY HISTORY 

howse and tacke what he had thar and in Case thar war not 
ennvfe he shovld have his persen to prison with hem and 
this was evr again and a ao;ain in ovr hearrinor and mor when 
time shall serve wee shall tacke ovr othes when wee shall 
be Called — and fvrther did give to the marshall the lawe 
bvcke bidino; hem Ivcke in it and ackt a Cording to lawe and 
hee wovld not hender hem telling heim he Cvld not a Cord- 
ing to lawe Cvm in to his Dwelling howse to tacke his bead 
and his goodes in his howse which war for his livlie hvde 
when ther war enowfe withovght as witnes our hands. . 

the marke of William Reeves 



A1 



Richard 

witnes 
Ston 



Taken vpon oath the 22'^ of 
Decemb 1653 : 
before mee Brian Pendleton 



Letter from JSFic. Shapleigh 

Wor" Gent. 

The occastion w'^'' at this tyme Imboldens mee to troble 
yo"' is : not long since I obtained ajudgment against m' Gul- 
lison in o"" County Court at Yorke, w'^'' judgment the saied 
Gullison did atteach, but since by mee Repleued, and Sofi- 
cient security givein to g°secut y® same, the Execution I 
haue taken out w'^'^ y® Marshall hath leaned vpon diners 
goods of his & ware prized according to law by two sworen 
men This no sooner done but y® marshall & Cunstable ware 
By som deposistions sent yo"^ worships desiering to lend yo'' 
pacientes to p vse them and vpon yo"' serious consideracion : 



OF THE STATE OF MAINE. 101 

I humbly request yo'' worships to doe me right according to 
law in such cases g°uided. soe y* my Esstate may not bee 
thuse contemciously detained from mee, not douting But 
yo'' worships will releeue mee herein, w°'' I humbly Desier g 
this baror m'' Colcord who can fully informe yo"^ of all y® 
pticular Garages in this busines, thuse w"^ My respects vnto 
yo"^ worP^ I comend yo'^ to y® p°tection of the all mighty, 
Craueing leaue & Rest 

Yo*" WorP' to Command 

Nic : Shapleigh 
Kittery y« 16^^ of y*^ 12'"° 53 



War'vant. 

To the Marshall of y*^ County of Yorke. 

Yo''' are by virtue of an order of the Counsell Dated at 
Boston the eleventh of march 1653. to Attach the body of 
m"" Hugh Gunnison and take sufficient securitie of him to the 
value of forty pounds binding him to Appeare before the 
next Gennerall Court of Election on y'' 6"' of may next to 
Answe'' for his Resisting and Affronting the marshall in 
serving an execution on his estate to Answe"" a Judgm* 
graunted agt him to m"" Nicholas Shapleigh and hindering 
him to Compleat y^ same hereof not to fail 

By orde"" of y^ Counsell Edward Rawson Secret 

This Warrant was leavied and served by me Hen : Norton 
Marshall of York on the person of M'' Hugh Gunnison the 
15'^ of Aprill and his suerties for his apearaunc at the Gen- 
erall Court is Jn° Twisden and Rice Thomas. 



102 DOCUMENTARY HISTORY 

Letter^ Ben, Gillam to Hugh Gunnison [and toife'] 

Brother & Sister Gullison, I am troubled p^set : to heare 
& see w* I did the day past at yo"" house, I would entreate 
you to follow after the things y* make for peace, otherwise 
they will runne from you. Its a good thing to study to be 
quiett, I spoke w"^ Capta : Shapleigh as he came vp in the 
boate & he delard to me thus much, y* in Case you would 
desire yo'" things againe of him, you should still haue them 
and he would sett vp the furnauce againe at his owne charge 
for you : I question not but as fare as I see he is on the 
same mind still, if he should desire security I shall be bound 
with you, & for you, in w* he shall desire. I pray you lett 
yo'' poore children moue you to Consideration, if you should 
recouer at y® last, I suppose it would not be sequiuolent to 
yo' damage, & to make one another suffer in such Cases w'' 
it may be soe easily p^'uented, will proue very uncomfortable 
on all hands. 

Thus hoping you will Consider of these things I rest 
Yo""" to serue you in loue Ben 

Gillam 

Kittcry 23 : March : 53 : 

A true copy of the originall of the letter sent to m'' GuUi- 
sone by Ben : GillS : 
witnesse 

Ed : Rishworth 
Isake Neshe 

y' lette"" Ben ; Gillam gives in on 
oath : 14^'^ May 1654 

Edward Rawson Secret 



OF THE STATE OF MAINE. 103 

De2:)Osition. 

The Deposition of John Dauis being aged about thirtie foure 

yeares 

Saj'th that bee heard the marshall of Yeorke say that bee 
was afraide that bee had gon Contrary to law in the leuinge 
an execution on M'" Gunnisons estate : & that he had made 
away his owne estate for feare of tbe saide Gunnison and 
further this deponent sayth that beinge in discource with the 
foresayd marshall, hearde him say : Doe you [think] that I 
will demand of any man goods when I haue an execusion 
noe : but I will take what goods I please and further sayth 
not. 

Taken vpon oath this. 18 of Aprill 54 before mee 

Brian Pendleton 



Deposition. 

The Deposition of John Dauis aged aboute thirty foure 

yeares 

This Deponent saith that beinge warned by the marshall 
of Yeorke to asist him in the execusion of a speciall warrant 
^rom the Counsell at Boston : on the estate of m*" Huoh 
Gunnison, for Cap*^ Nikolas Shapleygh goeing in Companie 
with him : that this estate of m"" Gunnisons was not praysed 
to the north, and that one of the prisers did say that bee did 
not Regard how bee prised the goods : for bee knew the s'^ 
Gunnison would not let them goe, & the s*^ Dauis told the 
s*^ Cap* Shapleigh that the prisers had gon Contrary to 
theare oaths : & the s*^ Cap* Shapleigh Replied what was that 
to him : let them sweare themselues to the Deuill : if they 
would : & further this Deponent sayth not. 

Taken vpon oath this, 18, of Aprill 54 before mee 

Brian Pendleton 



104 DOCUMENT AEY HISTOEY 

Deposition. 

The Deposhson of Richard Stone Aged Aboiite ninten 
yeres Okie saeth that Aboute A wecke aftar that the goodes 
of hugh gunisonn ware prised for m"" Nicklis Shapley one of 
the prisers was thare which was Roberd Mendum and the 
wife of hugh gunison asced of Robert mendum why he did 
prise the goodes to somuch less and the saide Roberd men- 
dum sayed that he did kno that the saide hugh gunisonn 
wolde not lit the goodes goe and tharfore he did not Regarde 
how he prised the goodes that he was m"^ Shapleies man and 
he Chose him^ and furdar saith not taken vpon oath the 21 
of Aprill 1684 be foor me . Tho Withrs 



Deposition. 

The Deposition of Rice Thomas aged about 38 yeares 
This Deponent saith that being imployed by John Treworgy 
to brew for the ffishermen att the house vppon the poynt 
well m'" Gunnison bought of M'' Shapleigh, that John Lander 
and John Billin did Deny him the Cutting of wood vpon the 
Land, that he was forct to take it by leaue vpon his owne 
account from John Lander & John Billin. And further saith 
not. 

Taken this 21t»> of Aprill. 1654 
before mee. 

Tho Withrs 



Deposition. 

The Deposicon of Robert Mendam Constable doth testifie 
that being warned l^y the Marshall to assist him in the exe- 
cution of the lea vying of the estate of m"" Gunnison, he com- 
ing & the Marshall to leavy on the estate, the Marshall did 



OF THE STATE OF MAINE. 105 

not demaund any goods of m'' Gunnison, but demaunded of 
this Deponent to assist him, Avhere this Deponent did reply 
I doe not see any afiront, the Marshall replyde, noe, & stept 
to the shealfe, & tooke two pewter dishes ofle the shealfe : 
with that, m'' Gunnison went to the shealfe and said he 
should not take any goods within his house w^lien I haue 
enough without ; rather then my goods in my house shall 
goe, wch are contrary to La we, when I haue enough with- 
out : my life and my goods shall goe together ; I will shew 
yo" goods enough abroade, & gaue him the lawe booke, & 
bid him looke in it, & acte according to Lawe and spare not, 
he would not hinder him ; And withall, m'' Gunnison went 
into the next roome and fetcht his Rapier and came out, I 
standing by the Marshall, m^ Gunnison Laid his hand on his 
shoulder saying come, I will shew yo" goods enough to sat- 
isfy yo". Then the Constable said to m'" Gunnison this is 
not a time to vse a sword ; Then m"" Gunnison said to the 
Constable ; here take it yo" then ; & I did take it, and kept 
it, but the Marshall w^ould not goe out at m'' Gunnisons 
tender, but refused. And nV Gunnison bid him act accord- 
ing to Lawe & he would not hinder him ; tendering him the 
Lawe booke, againe, & againe, but he refused to Looke in it. 
Then I apprehended m'' Gunnison proffered very faire, I 
heard that m'' Shapleigh was at the next house, wch was 
neare bye, I went to him and told him what m'" Gunnison 
said ; his answere was that the Marshall should goe on in 
what he was about & doe his office. Then I came into the 
house againe ; the Marshall then immediately called me out 
of doors ; before I could speake with* him ; the dore was 
shutt ; then m'' Shapleigh bid the Marshall leavy on the 
goods without, but not touch any of the Land he sold to m"^ 
Gunnison ; then the Marshall charged me to assist him, 
m"" Gunnison being shutt up in his house, and he did leavy 
on the estate of nf Gunnison, in howseing, Lands, Coppers, 



106 DOCUMENTARY HISTORY 

Gunns & pewter to the value of one hundred and seaven 
pounds, wch was then praised ; besides thirty and foure 
dishes of pewter, and further saith not. 

taken vpon oath this 21*'' of ) ^, ,^^. , 

A ■^^^c^KA ^ f ^ Tho Withrs 

April! 1654 : beiore me — ) 

All this aboue writting I testifi vpovn oath that it is the 

truth and none but the truth witnes my hand 

John Tucker 

This vnderwritting by John Tucker was 

written bj^ his owne hand & taken vpon 

oath this 22"^ of Aprill 1654 

before me Tho Withrs 



Deposition. 

The Deposition of Joseph Miles : aged about 35 : yearesv 
Att a publique towne meeting about the time that pease 
weare ripe in [the] yeare 1653. 

I did heare m"" Gunnison demaund of m"" Nicolas Shapleigh 
to come downe & to lay out his Land w'''' the said m"" Gunni- 
son bought of & to bring downe his Deed : & m"^ Shapleigh 
did say that he would come downe & doe what he Demaunded 
of him in Case he would comply with him, & the said M"" 
Gunnison told him that he would. And further saith not 

taken vpon oath this 21"' of AplL 1654. 
before me Tho Withrs 



Deposition. 

I AA^illiam Eeves aged 38 years or ther a bowte Doe teas- 
tifie that then belonging to John Treworthis barke Called 
the bacheler being a bowte 16 or 17 years agoe, hearing svm 
dispvte betwne John Treworthie and Phillip Swadn Con 



OF THE STATE OF MAINE. 107 

serniug the plase that John Treworthis howse then stvd on 
which is at piscadeway river, at the harbers movthe near the 
howse whar hvgh Gollisen last built I heard Phillip Swaden 
say whos land then it was to John Treworthie I give yov 
bvt leave to bvild yovr howse and to have fre egrase and 
regras from the water side to yovr howse and to the sapit 
and not else 

Taken vpon oath this 20*^ of Aprill 1654 
before mee Brian Pendleton 



Deposition. 

The Deposition of Joseph Alcock aged about twenty yeares 
This Deponent being swoarne and examoned saith that 
being warned by the Marshall of York to assist him in the 
execucou of a speatiall Warrant from the Counsell at Bos- 
town on the estate of Hugh Gunnison for Cap' Nicholas 
Shapleigh the aforesaid Deponent did heare John Davis tell 
Cap* : Nicho : Shapleigh I goeing in the company w"^ him ; 
that this estate of m'' Gunnison was not vpprized to the north 
and the said Davis told the s*^ Cp' Shapleigh that the vppriz- 
ers had gon contrary vnto theire oathes and the s'' Cp* replied 
what was that to him : let them sweare themselues to the 
Divell if they would : And furth'' this deponent saith not 

Taken vpon oath this 21"' of Aprill 54 
before me Edward Johnson 



Deposition. 

The Deposition of George Braunson beinge aboute 44 yeares 

or theare aboute 

Sayth that beinge at worke at the house of Hugh Gunni- 
sons wheare m'" Shapligh, did alowe sixteene foote aboue the 
old seller, begin to DD some ground to Hugh Gunnison : & 



108 DOCUMENT AEY HISTORY 

goeing to stretch the line, was forwarned by Rise Thomas to 
DD any grownd theare, or to stretch the line theare, sayinge 
that the sayde Shapligh had noe grownd theare, & this depo- 
nent further sayth that after that time, himselfe & others 
beinge at worke a breakeing vp grownd for a garden, the 
sayd m'' Shapligh was theare present, & the s'' Rise Thomas 
came, then beinge the second time, to the s*^ Shapligh, fore- 
warning him, that theare should bee any grownd broake vp 
theare, and did alsoe warne the workemen hee left of at that 
time, & further sayth not. 

Taken vpon oath this 22. of Aprill 1654 
before mee Brian Pendleton 

Conserninge the breakeing vp of the garden & what is 
abouesaid aboute Rise Thomas his forwarninge the worke- 
men. I Thomas Crocket beinije one of the workmen. Doe 
alsoe testifie the same as is aboae written 

Taken vpon oath this 22**^ of Aprill 1654 
Before mee Brian Pendleton 



Deposition. 

The Deposition of Thomas Crocket aged aboute 43 yeares 
S"" for the tearme of 3. or 4. yeares that Sarah Linn widdow 
was Tenant to m'' Nicholas Shapleigh in an old house at the 
Rivers mouth at puscatacjuah & that the s*^ Sarah had not 
any privilidge to the house, but the bare house onelie nott 
Could not Cut any wood withoute the Leaue of Lauender & 
Billin : & further sayth not 

Taken vpon oath this 22'^ of Aprill 1654 
Before mee Brian Pendleton 



OF THE STATE OF MAINE. 109 

Deposition. 

The Deposition of Robert Mendam aged 50 : & Joseph Miles 

aged 35 yeares. 

Theise Deponents doe testify that there being some differ- 
rence about levying an execution for m'^ Shapleigh vpon the 
estate of m'' Gunnison, after the Marshall & the Constable 
was gone out of ni' Gunnisons dwelling house, & m"" Gunni- 
son keeping himselfe in his house, the wife of m'' Gunnison 
came to the house next bye, where m"" Shapleigh was, & 
eaid her husband sent hir to tender them goods in her hus- 
bands behalfe, saying, hir husband sent hir, wch was there 
present, m"" Shapleigh, Edward Colcott the Marshall & the 
Constable with many others, she saying that if they wanted 
goods for theire execution according to la we, there was 
goods enough without, they need not come into his dwelling 
house, to riffle his house & to take his liuely-hood in his 
house ; but if there were not enough of such Lands and 
houseing as she tendred without dores, she said he should 
take the house over his head & in case that was not enough, 
they should Come peaceably to his dwelling house & take 
what was there, & in case that was not enough they should 
haue his person to prison with him. 

Taken vpon oath this 22. of aprill 1654 
be foor me Tho Withrs 



Deposition. 

The Deposition Thomas Crawly aged 36 ; years 
This Deponent saith that m*" Gunnison attached a Judg- 
ment of eighty pounds graunted to Nicolas Shapleigh a 
Court held at Yorke the 25"^ of October 1653. m"- Rusford 
graunted an execution the 14*'' of December following. In 
January this Deponent Demaunded a repleivin at the Comis- 



110 DOCUMENTARY HISTORY 

sion Court vpon a Judgment that was attached, of wch he 
was denied by m"" Rusford. ifurther this Deponent saith 
that vpon the 22*'' of ]March following there was by the said 
m'' Rusford a Repleivin graunted to m"" Nicolas Shapleigh 
againe against m'' Hugh Gunnison. Aprill the 21*'' 1654, this 
Deponent went to m'' Rusford & Demauuded a Repleivin in 
the behalfe of Rice Thomas, and m"" Rusford said he would 
not let him have a Repleivin though he would give him in 
securitie, because he had graunted a Repleivin to m*" Shap- 
leigh, & there was like to come some trouble vpon it, & soe 
this Deponent was forct to goe away without it. And fur- 
ther this Deponent saith not. 

Taken vpon oath this 22*'' of 
Aprill : 1654 : before me 
Tho Withrs 



Deposition. 

The Deposicon of Go wen Wilson of Kittery : aged 36 : 

yeares. 

This Deponent saith that when the Marshall came the 
second time to Deliuer m*" Shapleigh the goods formerly 
praised ; M'' Gunnison & the Marshall had some discourse 
conserning theire proceeding, And the Marshall being some- 
what troubled whether he had not gone Contrary to La we 
or not, m'" Shapleigh pressing him to deliuer the goods ; M'' 
Gunnison said to him, in Case he were doubtfull in the Case 
he should keepe the goods in his owne possession till a fur- 
ther tryall, and answere m"" Shapleigh the Debt, and he 
would put him in two hundred pounds securitie besides the 
goods, to beare him harmeles in Case m"" Shapleigh did cast 
him in this Case. 

taken vpon oath the 24 of Aprill 1654 
be foor me Tho Withrs 



OF THE STATE OF MAINE. Ill 

Deposition. 

The Deposicofil of Goweii Wilson aged 36 : yeares — 
This Deponent saith that he being present when the goods 
of ni"" Gunnison were Deliuered by the Marshall to m'' Shap- 
leigh without any molestation of or by m'' Gunnison w*^^ 
goods were formerly leavied by vertue of an execution 
obtained by m'' Shapleigh. M'' Gunnison & m*" Shapleigh 
had discourse about the goods, in soe mnch that they came 
to this conclusion that night that m'' Shapleigh would let the 
goods remaine with ni'' Gunnison two or three dayes till m*" 
Gunnison could come to him & bring a freind or two with 
him to see if they could compose the busines without any 
further trouble ; to wch they both agreed, & that m'" Gunni- 
son did gmise that the goods should be responsible to m"" 
Shapleigh at all demaunds in case they could not agree, 
Then m"" Shapleigh riseing vp & goeing out of the house, 
came in againe, in a little space of time and told m'' Gunni- 
son if he would conclude that night well & good : if not ; he 
was resolued in his way, for that he would conclude it before 
he went home, and soe the next morning he pulled doune 
the Copper & the still, with such other things as was 
extended & carried them away with him : further this Depo- 
nent saith not. 

Taken vpon oath this 24"^ of 
Aprill 1654: before me 
Tho Withrs 



Deposition. 

The Deposicofil: of Gowen Wilson of Kittery, aged 36: 

yeares — 

This Deponent saith that being in the house of ra*" Hugh 
Gunnison some Certaine time after the Goods of Hugh Gun- 
nison were praised for m"" Shapleigh he heard Robert Men- 



112 DOCUMENTARY HISTORY 

dam say that he did not regard how he praised them though 
he was chosen thereto, because he thought m'' Gunnison 
would not lett them goe. 

Memorandid : that before this Deponent tooke his oath 
there was one word enterlined in the fourth line which was : 
Regard. 

taken vpon oath this 24*^*^ of 
aprill 1654 befoor me 
Tho Withrs 



JDeposition. 

The deposicon of Phillip Swadden 
This Deponent saith that John Treworgy had noe more 
graunted to him vpon the neck of Land, on wch m"" Hugh 
Gunnison now liueth in the great harbour of Pascattaquack 
on Kittery side, but to build a house in the said Coue where 
m*" Gunnison now liueth, and to haue from the house to the 
well & alsoe to the water side free eag-ress & reg-resse. wch 
lay directly downe from the house to the water — 

Taken this 24'^ of ApH. 1654 -x 

vpon oath before me \. 

Tho AVithrs ( 



Deposition. 

The Deposition of John Andrewes of Kittery : 54 : yeares 

aged. 

This Deponent saith that m'' John Treworgy had noe 
leaue or graunt to build any thing vpon the neck of Land on 
wch m"" Hugh Gunnison now liueth in the great harbour of 
Pascattaquack, but onely a Magazeene house, or store house 



OF THE STATE OF MAINE. 113 

with eagress & regress from the same to the water side, 
Neyther was there any more by him desired or any other 
for him. 

taken vpon oath this 24 of aprill 1654 
be foor me Tho AYithrs 



Deposition. 

this I Bengimine Gillam depose further 
vpon y*' oath that I haue taken as 
follow"^ 
That I & Mark Miinns sent for m" Gunnison by Goye 
Wilson to George Waltons & thare tendered her y* if shee 
would accept of y® Copper againe wee would paie for it at o'' 
owne charges & shee would not be beholding to Cap* Shap- 
leigh attall, & set it vp at o"" charge m" Gunnison answeared 
y* shee thanked vs for o'" loue but shee could not accept of it 
because it would mar or wrong her Case & her husban was 
not at home, further y® depon* sayeth y' he heard Cap* 
Shapleigh tender m"" Gunnison security that he should 
Injoye his land in case he would pay fort, & no man should 
molest or hender him of it, & this proffer was made by Cap* 
Shapleigh before any of y"* goods was sturd or mooued, & 
likewise y® s'' Cap* Shapleigh did offer y^ s*^ m'" Gunnison to 
refer all diferences w'^'^ he pretended betweene them to indef- 
erent men. Except y* Executon & a busines of John Tre- 
worgys & if any thing fownd due vnto y** s^ Gunnison hee 
would paie him p''sently to content, & this I suppose had 
beene accepted had not Cap* Shapleigh & m""^ Gunnison 
differed in som words, & y® depu* vsed all meanes for peace 
by letter & other wise whareof I haue giuen a true Coppie 
to y*^ Court, the de])on* alsoe sayeth that Cap* Shapleigh 
tooke drinke & drunke it at George AValtons w*'^ a protes- 
tation y* thare could nothing apeare against him consering 



114 DOCUMENTARY HISTORY 

y makeing oiier his land, & further sayed that he had not 
past his Estate out of his hand to any man. 

Sworne in Court 12'" May 1654 
Edward Rawson Secret 



Dejjosition. 

the dcposiecion of m"" Benjimine Gillam Eaged 
45 years or thare abouts and m'' Marke Muns 
Eaged 30 years or thare abouts doeth depose 
to y'' trueth of all y'' perticulars here vnder 
writen , 
This Deponants testifie that he Ijeing at m"" Gullisons one 
y' 23'" of y^ I'"" 53. at w*^" tynie Nicho : Shapleigh was thare 
about leaueing an Execution, one certaine goods and houses, 
at w"" y*^ s'' GuUison & his wife ware much Trobled, vpon 
w*^" occastion the depon' Spoke to Shapleigh y' hee would 
let alone the fiurneses & other things as the ware in y*^ s*^ 
Gullisons hand to w*^" the s*^ Shapleigh answered y' he would 
doe any thing y' was racionall : w'^" all desiered the depon' 
to Speke to m"" Gullison y' if he would come & desier y*^ s'^ 
Shapleigh to Let all things remaine as y*^ ware, he would 
willing leaue them ; this was before y® furneses were medeld 
w'" all, but when s'' depon' went to m"" Gullison to Intreat 
and pswead him to goe to y^ s'' Shapleigh to intreat him to 
leaue y*^ things, m"' Gullison made answar That he would not 
speake to him in no Case, but saied let him doe wdiat hee 
pleased; alsoe the depon' sayes y' after all was ended, that 
he heereH y*^ s"" Shapleigh profer vnto nf^ Gullison y' if shee 
plesed they might remaine In y^ house & make vse of y*^ 
planting growend for due consideration, & if any thing was 
vnder vallued he told them y*" might haue them at y'' same 
price. 

Sworne before y*^ Court 12 May 1654 
Edw. Rawson Secret. 



OF THE STATE OF MAINE. 115 

Deposition. 

Marke Munns aged 30 yeares or there- 
abouts Depouseth and Saith 
Being at Pascataqua on occasion at y*' house of Hugh 
Gunison where, and at which time, there Came Mr. Shap- 
leigh and y® Marshall w*^ him whoe by virtue of a special! 
warrant Seized vppon y® goods of M'' Gunison ffor M'^ Shap- 
leigli and deliQd them vnto him wherevpon m"" Gunison then 
by the Marshall attached the said Goods : mr Shapleigh 
fforthwith Repleived them sajang hee had it Ready Cutt and 
Dryed, M'" Gunison seeing y* his goods were layd fast hold 
of, Came to m"" Shapleigh and Desired him y' he would bee 
pleased to lett y® goods stand, And hee as soone as he Could 
would giue in security for them or else bring twoe or three 
men either to m'' Shapleighs house or else where to see if 
they could end it the goods in y® meane time to remaine as 
they were : & if they could not agree then m"" Shapleigh to 
take his Course : wherevnto m"" Shapleigh seemed to Con- 
sent reserueing his power still in his hand, Soe M"" Shap- 
leigh went forth M"" Gillam being without dores, and when 
hee came in againe hee said yf yo" will nott end the busi- 
nes now I will take my Course : wherevnto m"" Gunison 
Answered M"" Shapleigh if you will stand to what hath bin 
tendred So : yf nott you may take yo'' Course ifor it is verry 
late & I am very weary and cannot at this time aggitate any 
Longer, & forthwith went to bed : the next Morneing I 
came forth & I Askt m'" Shapleigh w* they wold doe 
whether they wold agree or not, Mr Shapleigh said, no, 
they staled off as they did last night : Soe Mr Shapleigh 
Called the Marshall to deliuer him y"" goods ; whoe did soe, 
saying there bee yo"" goods take them &c : Then Mr Shap- 
leigh went himselfe to pull y® goods downe and Desired My 
selfe and some others by to assist him I refused & soe did 
others to medle with other mens goods — Notwithstanding 



116 DOCUMENTAKT HISTORY 

m'' Shapleigh went on & puld downe y® still first & while he 
was soe doeing I intreated him to let them stand & hee said 
If Huo-h Gunison will ask mee I will : Then I went to m"" 
Gunison & desired him to speak to M'' Shapleigh : & hee 
replied hee had allready : askt him and durst not goe in 
againe as hee shold bee gvoackt by seeing his goods soe 
abused &c, soe w m"" Shapleigh had donne my selfe & some 
others ffor y^ safety of y® goods sake helpt them into y® 
boate least they should bee damaged by bruiseing : & further 
sayth nott 

taken vpon oath the lo"' of the 3*^ m° 1654 
before mee Increase Nowell 

Whereas there is a Complaint or an action By M'" Shap- 
leigh against Hugh Gunison ffor not pformeing a Covenant 
of eighty pounds, my Desire therefore is Respite of tryall on 
these grounds, ffirst the shortnes of time, it being a speciall 
Courte & I not pvided and fiarther seeing y* these Ingage- 
ments Ly on mee ffor M'' Shapleigh. — 
ffirst goods delliverd M^ John Treworgey 20 :=15 : 03 
H : more goods & moneyes DD M"" Shapleigh 14 : 08 : 06 
H : A sellar which M'' Shapleigh detayn- 

eth at Pasquai*'^ 07 : 00 : 00 

H More I am bound in Bond for M'' Shap- 
leigh vnto Cap*^ Leverit of Boston 30 : 00 : 00 
H More I am Charged By Mark Hamms 
ff dead ffraught ffor Cap* Leueretts 
pay being not Ready when his 04 : 00 : 00 
Boate Came — . • 
W more INI'' Shapleigh hath in his hand 

due to me as hee is treasurer ffor 36 : 06 : 05 
y*' Countrey 



OF THE STATE OF MAINE. 117 

AdcI ffarther this Couent is fFor A trackt of Land y* I 
cold never yett gett Deliuered By M"" Shapleigh nor Bounded 
according to Couen* And to informe yo"^ that this tract of 
Land is now sold and Morgaged three times as Records & 
proofe will make appeare & fiarther hinaselfe hath Declared 
what estate hee hath is sure from him or any else, and this 
tract of Land hath bin Demanded by mee of M'' Shapleigh 
seQall times And the Last time in A publique towne meeteing 
& yett nott Delitid and this Land lyeth in difference which 
hee Layeth Claime vnto) By three men, and for the Cleare- 
ing of it A petcon was p''fered to o"" Court by my selfe and 
granted to y® devideing this Land : & men appoynted and a 
day sett & was never regarded by them. But by my selfe & 
therefore my desire is y* these sales and Morgages may by 
Cleared, seing no Cleare estate can be found of M'' Shap- 
leighs : H : Tryall gceed & I shall & will make good my 
ingagements this being donne — 

17 May 1654. 



To the Marshall of the county of yorkeshire or his Deputy 

22 of March 53 

You are required to replivy the goods of M"* Nicholas 
Shapley w^*^ are attatched by m*" Hugh Gunnison, or any 
other to the valew of one hundred and twenty pounds gvided 
that m*' Shapley giue bond to the valew of two hundred w*'^ 
sufficient suerty or suertyes to gsicute his replevy at the 
next Court holden for the County of York : and from Court 
to Court till the case be ender and to pay such costs and 
damages as the said Hugh Gunnison by law shall recover 
ags*^ him. 



li 

15. 


0. 





12. 


0. 





2. 


0. 





60. 


0. 






118 DOCUMENTAEY HISTORY 

"Coppy of the last Replevin of the goods attached.' 

Imprimis one bruing copper 
It one still and worme at 
It for two small gunns w*"^ 

the carreges 
It for his dwelling house wherein he lines 
It for 34 peuter dishes of great and small 

peuter one shilling six pence p pounde 
It for the house and land w°'^ was 

formerly Launders 18. 0. 

The vpprizers were Robert Mendum and Jn° Deamant 
being swoaren 

These goods lands and chatties abouesaid being formerly 
M"^ Hugh Gunnisons was leavied and served by way of 
execucon by me Hen. Norton marshall the 21""' of December 
53 to satisfy a deabt of m' Nicholas Shapley of 88" 9^ 

17 May 1654 



To y^ Houno'"d Gouerno"" Deputy Governo'' Mag- 
istrates & Houno'"d Deputies of y® General] 
Courte Now assembled in Boston the Humble 
Peticon of Hugh Gunnison Humbly sheweth 
That by some Request of Nicholas Shapleigh to y*" Gou- 
ernor & other y'' magistrates of this Jurisdiction ffor the 
calling of a speciall Court in y® County of York and y® great 
necessitie M shapleigh p'"tended to y" Magistrats ffor such a 
Court, Soe a warrant was granted as yo"" petitioner conceives 
for y^ Calling a s[)ecial Courte for y*" suppressing disorders 
by psons that disturb y" peace of those pvinces that newly 
Came vnder the obedience of this Jurisdiction, Soe vpon y*^ 



OF THE STATE OF MAINE. 119 

25"^ of October last a Courte was Called at York, and 
instead of Calling psons to accompt y*^ were y** disturbers of 
y'' gvince, Civell actions against ptie and ptie were called, 
Soe that y*^ liouno'd Gouerno^ and magistrates are much 
abused, that their Comission for a spetiall Courte was nott 
attended vnto, and not to make a County Court of a speciall 
Court, in soe much that y*" inhabitants findes themselues 
greived to bare y*^ burthen of such Courts which is Contrary 
to their liberties. 

Soe not only others Avere brought to tryall vpon Cyvell 
actions But yo'' petitioner by M^' Nich shapleigh was like- 
wise brought to tryall, who demanded of y*^ Court, l)y what 
power hee w to ansere Contrary to Law, being but a 
speciall Court 

disturl)ed y*^ peace of ptes 

be pduced, nor read in y' Court but answere was made it 
was sufficient y® Court had it, wherevpon yo'' petitioner 
Re Issue with M'' Shapleigh : Soe y® Courte and Jury 

tooke Cogni of M'" Shapleighs Cause and granted him a 
Judgement on this Judgement Comes out execution for m"^ 
Shapleigh with y*^ Marshall of Comes to leavie it vpon yo"^ 
petitioners estate & yo"" petitioner would haue shewne him 
Goods without Dores, but this would not serve his turne, 
but very Ruggedly enters yo"" petitioners house seizetjj that, 
his pewter, brewing furnace, still and worme, and planting 
feild gunnes and other amunition and would haue taken 
away y® bedding of my family, when this was donne before 
it was Carried away, yo"" petitioner Attached these goods to 
answere yo"" petitioner in an action of Review at y*^ next 
County Courte to bee holden at York, but at y* instant a 
Repleive was granted vnder y^ hand of M'' Rushworth Clark 
of y*^ Courte of Soe pulls Downe y^ furnace and still, carry es 
away y° Gunnes, which is done as yo"" petitioner Conceives 
all Contray to Law : to his vtter vndoeiug, and quite dis- 



120 DOCUMENTARY HISTORY 

abling for y® future flbr to carry on his Calling to y^ may- 
taynance of hiraselfe and faniyly, but much more may bee 
said, of M"" Shapleigh his Carriages in y® p^'mises ; But yo'' 
petitioner is loath to bee over troublesome : Desires that by 
Declaration hee may have full Liberty to make his pleas 
before this houno^'d Court : 

1 Your Petioners humble Request to this houno''ed Court 
is that yo"^ will bee pleased to call for the Warrant By which 
this Court was Calld, by which yo"^ will finde y* y® warrant 
was directed especiall}^ to Majo"" Daniell Denison, that he 
was to sit in that Court but hee Came not neither doe yo'' 
petitioner Conceive had notis thereof nor was there a full 
Court of Magistrats and associates, for there was but one 
Magistrate and two assotiates which could not bee a Court 
according to Law : 

2 Secondly : that M'' Shapleigh his petition to the Gov- 
ernor' and Magestrates may be brought forth, by which it 
will appeare w* pr'tenses hee made for the obtayneing of such 
a Court which will evidence that M"" Shapleigh Saruptitiously 
obtayned this Courte to Carry through his owne poUitick 
ends, to the discontent of the inhabitants, who are Con- 
strayned to beare the charge of this vnnecessary Courte. 

3 Thirdly that yo"" petitioner may have order for y^ 
Restoreing his goods againe from M'' Shapleigh w*^ Such 
Just Recompence as this hon''d Court shall think fitt for 
takeing his goods away. 

4 ifourthly y* a full heareing may bee granted yo"" peti- 
tioner bate the wholl Cause and his greivances 
before this houno'"d Court that soe y*" truth may appeare the 
houno'd Magistrates ties will bee the more 
houno'"d by the people, God have his glory & yo*" petitioner 
Righted according to equity & as in duty bound shall dayly 
pray for yo"" eternall Happiness ;/ 



OF THE STATE OF MAINE. 121 

Petition of JSfic. ShapJeigh. 

To honered Counsel or Court of Assistance nowe 
Assembled at Boston 
The humble 
petecion of 
Nicho. Shapleigh 

Sheweth that whereas yo'' peticon'' had a Judgm* 
and Execution from y*" County Court of Yorke 
Against y* pson or Estaet of m"" Gunnison wch 
was Leaned vpon sertain goods & praized 
according to Law, but rescued by y^ s"* m"" 
Gunnison, where vpon yo"" peticon"" humbly 
Complaineth to yo"" wor' for Releefe herein & yo'" peticion"" 
shall euer praie for yo"" wor' &c : 

Yo"" Wor« to CoiSand 

Nic : Shapleigh 



Petition of Edward Godfrey 1654. 

To the Hon"" Gou^er Deputy Go"" the mar*' & 

Deputies of the Court now assembled the 

Humbt petition of Edward Godfrey of the 

Towne of Yorke 

Sheweth that hee hath binne a well wilier Incourager & 

furderer of thes Collones of Nue England for 45 yeares past 

& aboue 32 yeares an aduenterer one that desine & : 24 

yeares an Inhabitant in this place the fyrst that euer by It or 

setteled ther : some 18 yeares passed by oppression of Sir 

flfirdinando Gorges was fforsed to goe to England to gcuer a 

a Patten from the Counsell of New England for him selfe & 

parteners the South sid to Sir Firdnedo Gorges & onely the 

North sid to him selfe & diuers others his assosiattes. 



122 



DOCUIVIENTARY HISTORY 



Certen yeares after some settelment the Inhabitance peti- 
cioned to haue other lands laid out & deeds for the same 
w^"^ was granted and by that occation the whole Bounds of 
the Pattent were deuided as vppon Record appereth but 
sence that tmie the Inhabitance haue binne soe Bould as 
amongst them selues to share & deuid those lottes & ppor- 
tions of land as ware soe long time sence alotted being not 
proportionable & Considerable to our great Charge as by a 
Drauft of the Riuer & diuision of the same will appeer to 
this Ho' Court this diuision was made by order of Court & 
by all frely alowed in An° 40 & 41 and sence when wee 
came vnder this Gouerment Confyrmed as will appeer, 

And the proportions to bee lesse then many that came 
saruantes all the marches almost disposed of by the Inhabi- 
tance & ys petito^ Rentes & acknowledgments detayned 
hauing not marsh left him to keepe 5 head of Cattell in this 
Cause it pleased the Council to send a Sumons to the Inhab- 
itances & some of Yorke by name w°'^ I heere was faithfully 
& safe deliuerd vnto them in time w°'^ I p'"sume they will 
obeye 

Humbly desireth his Cause may bee heard & Judicated by 
this Ho. Court 



30 octobe^ 54 



The magis** desier the Case in y^ peticone 
menconed shall be heard by y*^ whole 
Court on y*" fowe^'th day next desiring 
theire bretheren the Depu'^ Consent 
hereto. 

Edw Rawsou Secret 



The Deputyes Consent hereto 

William Torrey Cleric 



OF THE STATE OF MAINE. 123 

Complaint of Edward Godfrey Nov. 2. 1654, 

In the Case of m*" Edward Godfry' Complaint against the 
Tonne of Yorke abou* Lands. 

Itt is Ordered by & w"' consents of y° s*^ m*" Godfry and 
m'' Edw : Rushworth in behalfe of the Tonne of yorke that 
jj^r ^ym Worcester shall be and are heereby Appointed Com- 
issione"^^ from this Court to heare and determine all the dif- 
ferences between y*^ s'^ m"" Godfry and the Toune of Yorke 
in referenc to a meete proportion of lands to be Allowed y® 
s*^ m"" Godfry according to his demerritts, as also for his 
charge in Attendanc on y^ Court and the said Comissione" 
are heereby desired to make a full end of this buisenes by 
yMast of Aprill, 1655. 

the magis^' haue past this w*^ Reference to the Consent of 
theire bretheren the deput^ heereto 

2 Nouember 

1654 : Edw : Rawson Secret. 

The Deputies Consent hereto 

William Torrey cleric 



To the Inhabitants of Yorke 
Whereas m"" Edward Godfrey hath Complained to this 
Court of vnkind if not unjust dealing he hath mett w*'' 
amongst you in reference to a meete proportion of land sut- 
able to his endeauours charges and claimes, that we might 
putt a convenient and comfortable issue to this diiference 
betweene you we haue Comissioned (w*'' both your con- 
sents) m'' Worster m"" Brooke & m"" Hill to heare & deter- 
mine the case before the end of April next and doe desire & 
expect that you will readily attend such conclusions as they 



124 DOCUMENT AKY HISTORY 

shall make, and invent any cause of further Complaint on 
his part, which seemes not to haue beene w^'out cause : 
2 Nouembe"" 54 The magis*" haue past this with 

Reference to the Consent of 
theire bretheren the clepu*^' 
heereto. 

Edw. Rawson Secret 

The Deputies Consent hereto 

William Torrey Cleric. 



The meaning of y* Court is that each particular pson con- 
cerned is included as well as the Towne joyntly in the busi- 
nes above mentioned 

8 Nouember 1654 voted by y® magistrates./ 

Ri. Bellingham Gov"^ 
Consented to by y^ Deputyes 

p Richard Russell Speaker 



Petition of the Inhabitants of York. 

To the Hono''d the Generall Court now assem- 
bled at Boston, 
The Humble petition of the Inhabitants of the 
Towne of Yorke 
Sheweth 

That where as there was certen Complaynts exhibited 
aganst us, the Inhabitants of the s*^ Towne, at the Last 
sitting of the Generall Court, by Mr. Edward Godfrey, 
declaring as if we had unjustly detayned seuerall of his 
Lands & Impropriations from him : ifor the rectifying w'"of, 
this Hono''d Court taking cogniscence soe fare as to Comis- 
sionate Certen Gentle : with the consent of j3tys yrin con- 
cerned, to heare & determine such matters of ditference as 



or THE STATE OF MAINE. 125 

were betwixt us : Accordingly a hearing Avas attended by 
the Comissioners, a returne of there resolutions haue beene 
transmitted to us, although dissatisfactory, for these reasons, 
ffirst because it confirmed to Mr Godfrey such general! 
unknown grants, & Consequently rights, as at p^'sent cannot 
be known to us, in certenty, althoe hereafter more may be 
known therein to our p''iudice. 21y because it is not com- 
mensurate with the minds of the Commissioners them selues 
openly declared to us in Justification of our dealings with 
Mr Godfrey, w"*^ there returne absolutly denys. 31y In- 
stead of excluding all other pleas (Mr Godfreys onely 
excepted) w'^'' the Commissio''^ seemd principally aymed at, 
haeth by Casting vs as the Injurious, rather opened a wider 
doore for all others to come in as sharers in the like rights, 
whose grounds are sequally valid with M'' Godfreys. 41y 
respecting the charges given. The Towne in generall 

comission" in 
y wrong 
they could f^ceaue to Mr Godfrey : 
How there 

must be censured to satisfy any whom there 
§sons haue not wronged, we leaue to the wisedome of this 
Court to Judge. 

Our Humble request therefore to this Ho'''^ 
Court is that they would be pleasd to 
take into consideration, how little safety 
may follow the Confirming of vnknown 
grants, how great prtejudice must re- 
downe to the well being of a Towne, w"^ 
considerable quantitys of Land are dis- 
pos'd of to jHicular psons in conuenient 
places for the settling thereof; And how 
fare either in reason or Justis, psons. Can 
be ingag'd to any charge towards such, 
whome they haue not wronged ; fibr 
Judgem' w'of, we submissiuely attend 



126 DOCUMENTARY HISTORY 



the Just pleasure of this Court, with 
whom we leave o'" Cause, for whose guid- 
ance & direction herein, as in ail matters 
of greater weight, humbly taking our 
leaues, we pray vnto the Euerlasting 
Counseller to assist & Counsell 

Ed : Rishworth 

Abra. Preble 

Edward Johnson 

Henry Norton 

Artho"" Bragdons /A mark 
Witlme ^-^^^ Dixons mark 



Silvester ) /' Stouer his mark 




Richard Bancks 

John 

Joseph Emerson 

ffrancis Raynes 

Peter Weare 

John Alcocke 

Nicholas Dauis 

The mark /-£) of 

Henry Bunnell 

Robert Knight his marke 

Will: Hilton 

Thomas Curtis 

Ed : Start — ^ his mark 

Andrew Everest 

John Perse "TJ his mark 

John Parker v^ his mark 
Georg A Parkers ^ke 



P 



OF THE STATE OF MAINE. 



127 



Return April 20, 1655. 

We whose names are vnder written beinge appoynted 
comission''' by y*^ Gen*'" Court held boston y*' 6"' of nou*^ 
(54) for y'^ bearinge & determininge of all differences 
betweene m*" Ed : Godfrey & y" towne of yorke after due 
inquiry, made thereinto, haue determined as ffoUoweth : 
Inp"^ 

That all such grants of land as haue beene made by m"^ 
Ed : Godfrey to any person or persons, we confirme y'' same 
to him, & them according to his agreement made w"' them 
y" prst : whereof are as flblloweth : 

Acres of vpland & medow 



To m-- Hefl : Norton 

To Rich : Bankes 

To Edw : Wentum 

To Tho : Curtus 

To John Twisdell sen'' 

To Rich Burgis 

To Sam : Adams 

To Siluester Storer & partners 

more to Rich Burgis 

To Phillop Adams 

To Will. More 

To Peter Wire 

To John Gouche 

To m-- Pre])le 

more to him 

more to him 

To John Alcoke 

To y^ ministers house 

To Phillop Adams & m) more 

To m) Ellingam & Hugh Goyle 

To George Parker 

To Andray Evrit 

To Phillop Adams 



40 

10 & a p^'sill of swampe . 

30 6 

10 & a p''sill of swampe 

10 & a p''sill of swampe 

10 

10 ' 

30 

40 ' 

40 

40 

100 

100 

020 & a p''sill of swamp 

10 

20 

10 & a p''sill of swamp 

6 

4 

50 • 5 

08 

06 

40 



128 DOCUMENTARY HISTORY 

Likewise we Confirme all other grants made by y® sayd 
m' Godfrey before y* day of y*" date hereof : 

2'y We Confirme to y® sayd m"^ Godfrey his heires & 
Assinges for euer all such landes as belonge to his house on 
y^ North side of y^ riuer con^inge 30 acres more or lesse of 
vpland w"^ three acres of medow : 

Alsoe 50 acres of vpland lyinge below y® tide mill by y® 
riuer side, prouided y*^ y*^ pyne timber be reserued for y® 
townes occations 

Alsoe 500 acres of vpland lyinge on y® necke of land 
betweene the too branches of y*^ sayd Riuer, to be layd out 
to him l)y the towne next adjasent to such grants as he hath 
there formerly made : 

Alsoe 200 acres of vpland lyinge on y* south side of the 
sayd Riuer acknowledged by the Inhabytants to be his 

3'y Nor conserninge y^ marsh land in y® towneship vpon 
due search we find y° Compl"* thereof not to exceed 260 
acres his grants thereout beinge comfirmed as before ex- 
pressed : we doe" moreouer confirme to him 8 acres of 
Medow more or lesse lyinge at y® partinge of y^ Riuer, 
Alsoe 7 acres more or lesse of Marsh lately made vse of by 
John Twisdell sen^' w^'' 3 acres more of good marsh to be 
layd out to him by the sayd towne in some conuenyent 
place, All w^^ sayd parsells of lands wee conflirme to him 
his heires & Assinges. 

lastly Conserning the said m'" Godfreye's his charge in 
attendinge the sayd Genii Courte we doe determine y* the 
sayd towne shall alow him fine pound in corrent pay w"* in 
six weeks after y® date hereof. 



These our determinations beinge accordinge to our best 



OF THE STATE OF MAINE. 129 

lyght just & equall, we intreate m"" Ed. Godfrey & the 

towne of Yorke to take in good parte 
ffrom 

Dated this 20*'' off Aprill 1655 Their verry loueinge ffrinds 

William Worcester 
John Brooke 
Valentine Hill 

Commissioners to make revieiv of their Return May 26, 
1655. 

Whereas m"" William Worcester m"" John Brocke & m"" 
Valentine Hill were Chosen as Coraissiono" by this Court & 
Invested with full power to heare &> Determine all matters 
in ditfrence betweene the Towne of Yorke & ra'' Godfry in 
relation to the graunts of Certaine lands which accordingly 
they haue endevoured to doe & made their returne to this 
Court against which the Inhabitants of Yorke haue made 
some objections, Respecting the Confirmation of vnknowne 
graunts made by the s*^ m"" Godfry before the date of their 
Returne as also the graunts of land p'judiciall to the Towne, 
which this Court having Considered off Doe thinke meet to 
reinvest the foresd Coiiiissio" w"' full power & doe hereby 
desire them w*'' all Convenient speed to make review of 
their returne & if it niay be by Consents of all psons 
engaged to Compose the same out to mutuall satisfactio or 
if otherwise to make vse of such their power to Correct or 
amend what they in their vnderstandinge vppon further infor- 
mation shall appeare to be of euill Consequence to the 
Towne or any pson Concerned therein 

the Deputies haue past this to be an answer to the peti- 
tion of Yorke & Desire O"" hono'^'^ raagis" Consent hereto. 

26 : ?," ; 1655 William Torrey Cleric. 

Consented to by the magis** 

Edw : Rawson Secret 



130 DOCUMENTARY HISTORY 

Anstver of John Bonyihon Sej)t. 8, 1655. 

To the Com" of Boston who have granted a warrant to 
apere against me [at] Boston, my ancer is I decline to obey 
yo'' lawes be Cans I am sworne to vp hovld and maintain the 
lawes of England established by the Parlament and this huv 
Confermed by a late Comission from the Counsell of state I 
would hav you to knowe that I dwell in no land of yo" l>e 
cawes I have a Patten before yo'' I would have yo"' to knowe 
that I will defend my selfe with my life I am no Coch man 
but a gnt man free borne as the best of yo'"" I sale 

more when itt doth apere that the goverment doth be longe 
to yo" and that m"" Rigby hath nothing to doe here then I 
will obay yo"" lawe thus I rest yo'' as I see cawes 

John Bonython 

Sacoe 8''' 

Septembe 
1655 

Letter 

Toune of Wells letter & GoQ & Dep* GoQ Ans-" 19 March 
55. 

Genl" 

Yo'' letter subscribed by Jn° West in yo"^ names and 
behalfe bearing date 12 ^ 56, having binn pervsed by ou' 
GoGjnor and Deputy Gouerno'' I am Required by them in 
Answer thereto, to signify, to you, that they take notice of 
yo'' faithfull and christian desires to Continew in subjection 
to this Gouernment w'=^ that y°"' might the better doe, haue 
endeavored to Informe yo'selves of our Courts Actings in 
reference to m' Cleaves his pretended pouer &c. 

Gent" Assure 3"0urselves our Court Accounts it much 
beneath themselves to Act in the least way of p'judice to 
you no*" shall they willingly Renounce their right of Gouern- 
ment ouer those y' line w^'' in ou'" Pattents tho y"" cannot 
but take notice y* your Ease more then theire proffit hath 



OF THE STATE OF MAINE. 131 

binn Aimed at. I haue by like order sent yow, Inclosed a 
true Copie of our Courts Ans'" to m"" Cleaves his proposicons : 
and therefore if he or any other in his name or by his order 
shall Come amongst you & disturbe y^"" peace by making any 
challenge to the place or excercise any power amongst yow. 
Itt is the minde of ou'" GoGlao'' and Deputy that yo"^ Seaze on 
such person or persons and forthwith send him or them w*** 
any Instruments they shall bring to Boston ynde"" a sure 
guard that so he or they may Ans"" for such theire distur- 
bance or take good securitie for his or theire Appearance 
before the next genntl Court, and what else may tend to yo"^ 
further tranquillitje & Comfort in such Respects, if you give 
notice thereof to our Gennerall Court in May next they 
doubt not but y°"' may expect a meete Ans'' not els but my 
kind Respects to m"" Boad m'' Wheelewright iif Knight & the 
Res' of yow as named : Remaine 

you"" very loving freind 
Boston 19"' march 1655 Edward Rawson Secret 

~56 



Itt is Ordered that the warrant herevnder exprest 
shall Issue out of this Court to y*^ Connstables 
of Sacho to take such Aide as he or they shall 
Judg meet to seaze on the person of Jn" Boniton 
& bring him to his Ans'' for his Abuse of Author- 
itye &c as in y^ warrant is exprest 
24 May The magis'* haue past this w^'^referenc to the 
1656 Consent of theire bretheren the depu*^^ heereto 

Edw^ Rawson Secret. 

* 

To the Connstables of Saco & to Such as the 

Connstal)les shall requier to Ajde & Asist 

them in that service 

Yo^ are by virtue of an Order of the Gennerall Court 

sitting at Boston the 29*^ of May 1656 heereby required 



132 DOCUMENTARY HISTORY 

forthwith to repajre, to the dwelling place of John Bonithon 
at Sacoe & there or elswhere to seaze on the person of the 
said John Bony ton & him safely to Convey to Boston Prison 
vnlesse he shall Giue good Securitje of Knowne Inhabitants 
of this Jurisdiccon for his personall Appearance before the 
next session of the Gennerall Court to Answer the Complaint 
of John Stone for beating of his servant refusing to obey the 
order of the County Court at yorke in the yeare 1655 for 
the payment of Rates as also for his abusive letter to the 
Gennerall Court And If any Inhabitants there shall refuse 
to Aide or Asist the Connstables as abouesaid that theire 
names be retourned to the County Court at yorke, there to 
be proceeded against according to lawe. 

The magis*' haue past this w''' reference to the Consent of 
theire bretheren the deput^ heereto 

Edward Rawson Secret 
Consented to by the Deputyes 

William Torrey Cleric. 



To : The Constable of Sacho & to such as the 
Constables shall require to aid & assist them 
in that service 
Yow are by virtue of an Orde'' of the Gennerall Court 
sitting at Boston the 24"' of May 1656, heereby Required 
forthwith to Repaire to the dwelling place of John Boniton 
& there or elsewhere and to sease on his person & him 
safely to convey to Boston Prison vnlesse he shall Give 
good securitye of knowne Inhabitants of this Jurisdiccon for 
his personall Appearanc before the nex' session of the Gen- 
nerall Court to Ans"" the Complaint of John Stone for beat- 
ing of his Servant Refusing to obey the orde"" of y" County 
Court at yorke in y'' yeare 55 for y^ payment of Rates as 
also for his Abusive letter to Gennerall Court & If any 



OF THE STATE OF MAINE. 133 

inhabitants there shall refuse to aide or assist the Conestable 
as abouesd That their names be returned to the Countie 
Court at Yorke, there to be proceeded against according to 
Law, heereof y°^^ are not to faile. Dated at Boston the 
of May, 1656: 

E R S : 



Order of Court, May 29, 1656. 

Whereas this Court is informed of seuerall neglects of the 
Inhabitants of Yorkshire in not being furnished w"^ sufficient 
Amies, Pouder &c, as the law requires, there being no Gen- 
nerall officer at present to call persons so neglecting to an 
Account It is therefore Ordered, that Cap' Nicholas Shap- 
leigh shall henceforth haue power to call together the cheife 
officers of each Company within the said County to examine 
such abuses and defects as may or shall arise amongst them : 

And is heereby Impowred to Act therein as a Majo'' may 
& hath power to doe in the like case till the court shall take 
further Order therein. 

The magis^' haue past this w"' reference to the Consent of 
theire bretheren the depu'^ heereto 29 May 1656 

Edward Rawson Secret 

Consented to by the Deputyes 

"William Torrey Cleric. 



Letter Edward Rishivorth to Gov. John Endicott. 

August 14 : 1656 : 
Right Worship'^ 

I haue not beene wanting, Althoe with some diffiulty (& 
y® more in respect of my owne weaknesse & others, oposi- 



134 DOCtnVIENTARY HISTORY 

tion according to y® best of my skill, & knowledge of the 
state of thinges amongst us, to draw togeather the Con setts 
of the best part, I hope, if not y® greatest part of our inhab- 
itants, for y® effecting of w"' being effected, will conduce as 
we trust to our future good : In the accomplishment w^'of, 
amongst many who haue sul)scribed, I meet w^ith such unex- 
pected readinesse of rationall Complyance, as giues me some 
incoraging pswasians, that these scattered Intimations of our 
honest desirs to his highnesse, may Introduce some efiec- 
tuall furtherance for y** Confirmation of our Continewed 
settlement under your Authority, being unfeynedly y*^ end 
of our requests ; as this Inclosed petition of ours more at 
Large doth & may demonstrate/ 

Sir, being at Sacoe not many days since, I could not but 
take notice of some discontent & troul)le of spirit in seuerall 
of them about y"" app'hending Jo" Bonighton whom I really 
beleiue, want rather of Corage then Cowardize, doth onely 
retract y'' resolutions from y® faithfull discharge of y"" duty 
y''in required, w*^'' occasionally kindleth his Impudence soe 
much y^ more, to the exorbitant abuse of both our authority 
& y™ selues ; And might I p'sume to vtter my owne weak- 
nesse vnder Correction, If the Gener'^ Court should thinke 
meete to Comissionate Mr ffran : Eaynes o"^ Leeftenan*, or 
some else in o'' County with sufficient pouer an assistance, 
the matter I Conceaue prudently attended would be aasily 
affected without any great danger or difficulty, & the men 
of Sacoe remoued out of y"" inextricable feares wherewith by 
there owne Conceats they are soe strangly afflicted. 
The treuth is they dare not take him. 
I fornily moued a businesse to yo'' worship : & Reverd Mr 
Norton (of whose setling I rejoyce to heare) about procur- 
ing a minister for the people of Newgewanacke, w°'' hitherto 
hath Ijme dormant, by reason of Mr Broughtons absence 
thence on whom it hath some Cheefe dependance, but we 
hope shortly to haue an oportunity effectually to reuiue it 
againe. 



1 



OF THE STATE OF MAINE. 135 

Sacoe & Cape Porpus are in a great strayte for some 
godly minister ; for his mantenance they gpound 50^ p 
Anno : besids a house & some other Conueiences, touching 
■^ych J ^j^g nioued to wright to yo'' worship ; w'^'' I cannot be 
soe forward in, till y^ people of Newgewanacke be supplyed, 
Althoe I Cannot but be Sensible of y'' deepe necessity y'of : 
Some of wells & Sacoe I p''ceaue are very desirous to haue 
the Gene" Court Moued y* they might haue one Magistrate 
allowed & settled who Hues in y^ County or otherwise to 
haue some fitt p'^son or p''sons Joyned in Cofiiission with 
th^ Comissioners of each Towne, y' vpon occasion might 
haue poG) for more speedy punishment of offenders, who by 
these ptractions of aniiall punishment, doth multiply these 
offences ; & at length find a way by escape to auoyd all pun- 
ishments w* soeul ; Had we p'sons meetly qualifyd for such 
places the thing were more then needfuU to be done : Thus 
with my seruice to yo'"selfe the Deputy GoGl ; & my due 
respects to Mr Norton, & all the rest of o'^ Christian freinds, 
I leaue yo'" selfe, yo''^ & all yo' weighty occasions with y® 
Lord, remaining, 

Yo"" worships to be Comanded, 
in the Lord, 

Edward Rishworth 

To the right Worship" 
Jo" Endicott Gouerno 
of the Colony of the 
Massatusetts, these 

g'sent at his 
house 




136 DOCUMENTARY HISTORY 

Bonightons Case Kefered to a Conferrance p Curiam. 

Whereas the Towne of Saco vf^Hn the lyne of o'' Pattent 
or neere in y® Bounds whereof John Boniton liveth have 
genially submitted themselves & their lands to y^ govern- 
ment & Jurisdiccon of the massachusetts ; and whereas there 
are great & frequent complaints made to this Court by 
seiilall credible psons, that the said Boniton (attending noe 
government doth molest both his neighbors, & others that 
occasionally traffick, or fish in those parts, & by his outra- 
gious carriages hath maimed some ; & put others in danger 
of their lives, by his lawles, & imperious actions. And 
whereas legall courses have ])ene taken, & much patience 
have bene vsed for his reducm* into some tollerable de- 
meanor, hetherto not onely in vaine, but in steade of com- 
pliance he hath sent contemptuous & railinge returnes to 
this government, or authority here, wherevpon this Court 
(considering the p^'misses) Doth declare the said Boniton a 
rebell or coinon enymy ; & intend to gceed against him 
accordingly. 

Yet Because this Court is very loath to vse extremity (if 
it may stand w^'* justice our peace, & honor to exercise some 
further delay) Therefore this Court doth hereby expresse 
themselves willing to give the said Boniton tyme till the 
first Day of August next peaceably to render himselfe, into 
the hands of y" Governor & such other of y^ Magistrates as 
shall then be in, or neare Boston. That his case being duly, 
& seasonably considered, there may be such an yssue put to 
the same, as shalbe meet. Which clemency thus tendered if 
neglected, or contemned, It is resolved by this Court to 
pceed against him, as a rebell or a coinon enymy to the 
people of these parts of New England this goQin' & in 
spetiall to the people Inhabiting neare vnto the place of his 
residence, And further this Court doth impower any pson 



OF THE STATE OF MAINE. 



137 



(that hath submitted to this governmeut) after the s,^ 1'* of 
August to App''hende the said Boiiitou by force & bring him 
alive, or dead, to Boston. 

Declaring & gclayming that whosoever shall soe doe, shall 
have 20 pounds paid him ; for his service to the Country : 
out of y® Coinon Treasury w'^'' may be levyed w*^ other 
charges vpon the said Boniton his estate./ 

This to be pclaymed forthw*'' in Boston, Salem, Ports- 
mouth, Yorke & Saco. 

The magis'^ haue past this w"' Eeference to y® Consent of 
theire brethren the depu'^ hereto 

Edw Rawson Secret 

the Deputyes thinke meete to Conferre with o*" hono""** 
magistrats about this bill 

William Torrey Cleric. 

The Deputyes on Conferance had w*^ o"" hono""*^ magis*' 
Consent hereto as it is now amended & interlined gvided he 
haue one full moneth more allowed fo his coming in. 

William Torrey Cleric. 

Consented to by the Magistrates 

Jo : Endecott GoQ 



JPetition. 
To his Highnes Oliver Cromwell, Lord Protector of Eng- 
land Scotland & Ireland 

The peticon of seOlall of the Inhabitants of the Townes 
of Yorke Kittery Wells Sacoe, and Cape Porpus, 
some time vnder y*" Provinciall goQm' of Mayne & 
Lygonia now vnder the Jurisdiccon of the Massa- 
chusetts, In new England 
Humbly sheweth 



138 DOCUMENTARY HISTORY 

Whereas Informacon doth report vnto vs of 
seQall aclresses lately made vnto yo"" highnesse, by some Gen- 
tlemen of worth, for restitution of theire right of Jurisdiocon 
over vs claimed, by these Pattents, the determinacon where- 
of wee huml)ly conceiue, after a Legall hearing rests vpon 
yo"" pleasure wherein our selues being not so propperly 
Concerned, as others at p'sent, doe purposely waue craving 
leaue only to p^'sent yo'' highnesse with a true Naratiue 
though Implicite of our first and Last Estate, before and 
since wee had this GoQm', which through Gods mercy wee 
now Injoy to o"" good satisfacon & for o"" Continued settled- 
nesse vnder it, wee dayly pray for these Reasons ffirst 
because of o"" selues, wee haue smale power to carry on 
goverment, being a people but few in Numb"" & those not 
Competent persons to manage such weightie afl'aires, our 
w^eaknesse occasioning distraction o"" paucity devision, o'' 
meanesse contempt, as our owne former experience, hath 
fully evinced to the totall subverting of all civill order 
amongst vs 

2'y because changes cannot reduce things from Impossi- 
bilities, to make things of such as are not, to be. The case 
is ours, y"^ places of our Residence admitt but of smale 
Inlargem*, the genQallity of the Country from vs. Eastward 
is so confusedly taken vp vninhabitable beings of sterrile 
lands swamps & rockie mountaines as not more then a few 
shreads, are left by y® sea shoare fitt for cohabitation, & 
these already Populated, by an Inconsiderate number of 
people ; How y" wisest of such who desire superintendency 
over vs can settle a well Gouerned CoiTion weale vpon such 
basis, wee Leaue to yo"" wisedome to judge 

3'y because changes in these things may prove dangerous, 
where discontented spiritts waite, for such opportunities, 
w*"'^ haue not beene y*^ least pte of y* smale numb"" amongst 
vs, who were gfessed Royalists, whose breathings y* way 
since o"" Subjecting to this Authoritie, haue beene so farre 



OF THE STATE OF MAINE. 139 

stiffled, as y* y^ activity of such spiritts cannot fincle any 
the least opportunitie of motion 

4'y because wee feare j'^ hurtfuHnesse of our changes as o"" 
governi* now is, our psons & Estate stand vnd'" y'' securitie 
of wholesome Lawes, watchfull Governo" y'' fath" of our 
nourishm* and peace whose joyous care not only tollerates 
but maintaines v' y*" pure Institutions, for y" Incouragem* 
of godly psons both Minist" and otli", to reside amongst vs 
but changing it may throw vs l)acke into o"" former Estate to 
line vnder negligent masters y" dang"" of a confused Annar- 
chy, & such other Inconvenieniences, as may make vs a titt 
shelter for y" worst of men, delinquents & ill affected psons 
to make theire recourse vnto, thereby to exempt themselues 
from theire justly deserued punishm'' 

5^y changes are apt to Inihilate, vnlesse they prove much 
for y« better especially in weake bodyes, where heads are 
full remote touching such events our former experience hath 
taught vs somethinge else wee craue of those gentlemen, 
who are now so solicitous for goverment over vs what ment 
y^ deepenesse of theire silence seSall yeares, both in theire 
tongues & penns, as not after our frequencie of writing to 
them they not so much as returne vs one Syllable of answere, 
or afford vs y® least assistance in goverm* y® want whereof 
let vs sinke into great distractions, for o"" recouery thence 
seQall amongst vs petitioned for goverment vnto y° Colony 
of y*" Mascatu«etts who after some debate w*^*" us and confir- 
mation of some Articles of Agreem* to vs, tooke vs vnder 
theire Authoritie, vnto which wee subscribed, & subjected 
ourselues vnd"" whose ptectio to continue wee acco" it not y* 
least pt of o"" securitie & hapinesse. 

6'y because wee conceaue y*' confirming of y® Mascatusetts 
Patent in its due extent, In respect of its Antiquitie nulls 
all after Patents whatsoeuer, as fully intitles of lands, as of 
Gouerm^ from both which wee exLpect equall freedonie, by 
theire just Interests & our owne subjection 



140 



DOCUMENTARY HISTORY 



Our bumble request y"" fore is y* yo'' goodnesse would 
favo'' o"" reasonabe entreaties, whose weaknesse calls for sup- 
port o"" manners for some strictnesse.of rule, whose distrac- 
tions for some p''sent settlem* wherein o"" voate is, y* it may 
be as it is vnder y® goverm' of y*^ Massatusetts, aganst w'^^ 
if changhes should Interpose o'' Inevitable troubles, would 
follow o'' condition as it was in pt, and as it now stands lyes 
really before yo"" gratious Eye, although not so Methodically 
p^'sented, for w'^'^ wee hope o"" ignorance will excuse vs 

Touching w'^'' if yo"" highnesse expect any further Informa- 
tion wee beseech yo"" comands herein for a pyons, & Rev- 
erend friend of o's m'" John Wheelevvright sometimes of vs 
now in Eagland, vnto whome o"" Estate is well knowne, & is 
fully able to satisfy any materiall Inquiryes therein. Crave- 
ing pdon for o'' over much boldnesse & plixity as o"" duties 
are, so pray wee for y® Almighties ptectio to secure yo'" pson 
his spi" to guide his gratious blessing to crowne, yo"" high & 
memorable endeavo'"s w"* continued successe for y*^ ad- 
vancem' of his owne glory & Kingdomc & yo"" happinesse 
here & Eternaly/ 



Thomas Williams 
Robert Booth 
Richard Hitchcox 
John Leighton 
Ralph Trustrum 
Walter Neuuell 
his m'^ke I ^ 
Richard Coman 
Robert Waymouth 
his m'^k ^ 

John Deamont 
Wilt Scadlock 
Will Reynolds 
Morgan Howell 
EdW^ Clark 



Nich Bully junio"" 
his m'^ke A/ 
Hen Boad 
She : Fletcher 
Ezek Knights 
Will Hammon 
Nich Coole 
Jn° Gouch senio"" 
Jn° Gouch junio"" 
Jn*^ West 
Jn° Barrett seno' 
Sam" Austine 
Griffine Mountague 

his m'k^** 
Myles Thompson 



OF THE STATE OF MAINE. 



141 



Gregory Jefferyes 
Nich Bully Senio'' 
his m''ke 7^ 

Roger Hill 
Hen Waddocke 
Will Korkett 
Abra : Conly his 

m^'ke 

Nathaniell Load 
his iifke ■ j^ ' 
Tho : Jones his 

James Heard 
Eobert Wadley 
Her : Symons 
Wilt Symons 
Abra : Preble . 
John Allcocke 
Hugh Gullison 
Robert Mendu 

his m''k 

Nich ffrost 



K/l 



his 



m' 



Charles ffrost 

Roger Plaisteed 

Humph Shadbore 

Tho Spencer his 

m''ke J '__ 

Will Spencer 

Edw*^ Rishworth 

Sam" Twisden 

This is a true copie compd 



Daniell Goodwine 

Edw'^ Johnson 
firancis Raynes 
Peter AVyre 
Hen Norton 

Will Dixon 

his m'-k A] 
Robert Knight 
his m'ke Z^ 
Hen Donell 
Silvest Stover 

his m''ke 

John Smith his 
m-^ke T 

Joseph Emerson 
Tho : Wheelewright 
John Davis 
Nich : Davis 
Sampso Auger 
his m-'k — O 
Rich'^' Bankes 
Tho Courtous 
John Twisden 
George Parker 
Jn'^ Parker 
Phillip Hatch 
his m'k 



with its originall As Attests 
Edward Rawson Secret 



142 DOCUMENTARY HISTORY 

The Deputyes havinge pused the the pet p'"sented from 
the Inha])itants of Yorkshire to be sent to his highnes the 
L : Protecto'' se no reason l)ut they may pceed accordinge to 
their former Intentions with reference to the Consent of o'' 
hono'*^ magistrates herevntb, 

19 : 3^^ : 165 7 William Torry Cleric 

Consented to by y^ magis** 
Edw : Rawson Secret 

10 fevrier 1658 

Lettre du Roy Louis XIII 
an S 'Daunay Charnisay Commandant 'es fort de la Keve 
Port Royal, Pentagoet et Cotes des Etchemins en la nouvelle 
France pour regler les bornes du Commandement entre lui 
et Sieur de La Tour. 

Monsieur Daunay Charnisay voulant 
qu'il yait bonne intelligence entre vous et le sieur de Latour 
sans que les limites des Lieux auvous aves Commandes 
I'un et lantre puissent donner Sujet de controverse entre 
vous J'ai juge 4 propos de vous frfire entendre particuliere- 
ment mon Intention touchant I'Entendue des dits lieux qui 
est que sons I'autorite que j'ai donne a mon Cousin le Cardi- 
nal de Richelieu Surtoutes les terres nouvellement de couv- 
ertes par le moien de la navigation dont il est Sur intendant, 
Vous Soyes mon Lieutenant General en la Cote des 
Etchemins, a prendre depuis le milieu de la terre ferme de 
la Baye frau^oise en sirant vers les Virginies, et Gouverneur 
de Pentagoet et que la charge du S' de le Tour mon Lieu- 
tenant General en la c6te D'Acadie soit detinis le milieu 
de la dite Buje frangoise jus qu 'au detroit de Causeau ainsi 
vous ne poures changer aucun ordre dans 1' habitation de la 
Riviere St. Jeau faite par le dit S' De La Tour, qui or don- 
dera de son fficonomie et peuple, et comme it jugera d 
propos et le o* S' de Latour ne S' ingerera non plus depieu 
changerez habitations de la Heve et Port Royal ui des Ports 



or THE STATE OF MAINE. 143 

de ce qui vest quant a 14 troque I'ouen usera comiiie Ton a 
fait du vivant du Commandeur de Rayilly, vous continueres 
au reste et redoul)leres vos soins en ce qui est de la conser- 
vation des lieux qui sont dans I'etendue de votre charge et 
principalemeut de prendre garde exactement qu'il ne 
S'dablisse aucuns etrangers dans le Pais et c6tes de la nou- 
velle france dont les Roys mes predecesseurs ont fait prendre 
possession en leurs noms vous me donueres Compte au plus 
sot de I'etat des affaires de de la et particutierement sous 
quelque pretexte et avec quel aveu et Commissions quelques 
etrangers se sont introdiuts et out forme de habitations et 
dites c6tes, a iiu que j'y fasse pour voir et vous envoyer les 
ordres necessaires sur ce sujet par les premiers vaisseaux 
que iront en vous quartiers surceje prie Dieu qu'il vos ait 
Monsieur D'aunay Charnisay en sa Sainte Garde Ecritea 
saint Germain en Laye le 10 fevrier 16 1638, signe Louis 
et plus has Bouthillier 

Pour dessus de la Lettre 

A Monsieur Daunay Charnisay Commandanter forts de 
le Heve Port Royal Pentagoet et cotes des Etchemins en la 
nouvelle France 

Nous Ecuyer Conseiller du Roy honoraire en 
la Cour des Comptes aydes et Finances de Rouen Commis- 
saire ordinaire de la Marine Premier Commis et Garde des 
Archives et Depot de la Marine certefions la Copie a dessus 
veritable I'ayant collation nee sur les Registres et Papiers 
qui sont aux dites Archives et Depot a Paris le Sept 
Octobre mie Sep Cent Cinquante un/ Signe Laffillard 

Endorsed. 
Appendix 

No 5 

To the Kinges most Excellent Ma"® 

The humble Peticon of Ferdinando Gorges Esq'" sonne & 
heire of John Gorges Esqj deceased who was sonne & heire 
of S'' Ferdinando Gorges Rn' deceased./ 
Most humbly showeth 



144 DOCUMENTARY HISTORY 

That the said S'" Ferdinando Gorges yc/ Peticoners Grand 
father being divers yeares Since chiefely instrumental! in 
discovering & reduceino- of New Enoland in America to the 
obedience & Governeni* of the lawes of this kingdome and 
haveing spent many yeares time & vast Sumes of money 
therein whereby he exhausted the greatest part of his 
fortune, and the same being thereby brought to some perfec- 
tion & hopes of advantage Yo"" Ma*' kite Royall 
father of ever blessed memory in the XV"^ 
yeare of his raigne was gracously pleased to graunt unto 
the Said S"" Fernando Gorges yo*" Peticoners said Grand- 
father his heires & Assignes for ever a Patent of a consider- 
able part thereof called the Province of Mayne the same 
conteyning every way 120 miles w*'^ very many large Privi- 
leges & Immunities As in & by the said Patent under the 
greate Scale ready to be produced it doth & may at large 
appeare, Long before & since w'^'^ said Graunt yo"" Peticoners 
Grandfather at his very greate charges hath sent over 
severall persons as his Deputies to Governe the said place./ 
That certaine English Inhabitants in New-Enoland called 
the Mathethews its takeing Advantao;e of the late Rebellion 
here (dureing w*^'' time yo"" Peticoner dust not assert his 
right to the said premisses) have without Any colour of 
right encroacht upon all or upon the greatest part of the 
said premisses discended unto yo"" Peticoner from his Grand- 
father as aforesaid And that Severall other persons who in 
trueth at most were but Tenants under some yearely rent & 
other services unto some small & inconsiderable part of the 
said premisses under yo"" Peticoners Grandfather doe now 
clayme the same as Lords & Proprieto'"^ thereof whereby 
yo'' Peticoners Grandfathers vast expences aforesaid are like 
to be utterly lost and his Patent (w'^'' was the greatest Pat- 
rimony that ^^o"" peticoners Grandfather left him) wilbe reu- 



I 



or THE STATE OF MAINE. 145 

dered unprofitable to him without yo"^ Ma'^ most gracous 
help & assistance./ 

Yo"" Peticoner therefore humbly prayes yo*" Ma"® 
to take this matter into yo"" most gracous con- 
sideracon the same being of very greate con- 
cernem* unto this yo'' Kingdome of England 
or els That yo"" Ma*'^ would be pleased to 
referre the consideracon thereof to yo"^ Coun- 
sell for forraigne Plantacons to examine the 
whole matter & yo"" Petifioners title thereunto 
and to certifie yo"" Ma"® the trueth of the prem- 
isses./ 

And yo'' Peticoner as in duetie bound shall 
ever pray fo"" Ma'* long and prosperous 
raigne./ 



At the Court at .White hall the 4"> of Aprill 1661./ His 
Ma"® is gracously pleased to referre this peticon to the 
Councell for forreigne Plantacons who upon due considera- 
con and examinacon had of the Pe**"^ title to the premisses 
and what is by him alleadged are to certifie his Ma"® how 
they finde the Pef^ Case to stand together w"" their opinions 
what is fitt to be done thereupon for his just reliefe. And 
then his Ma"® will declare his further pleasure. 

10 Edw : Nicholas : 



146 DOCUIVIENTARY HISTORY 

Col: Papers Vol: 22. N'^ 98. 
Henry Jocelyn &c : to [Col. Nicolls ?] 

Fro the Inhabit'^ of the Province of Maine/ 

Eight Hono*"« : 

Receiveing information of yo' Hono''* Intentions suddain- 
ly to goe for England, And considering how our poore 
Province (although at Present by your Hono""® settled 
under his Majes*^' iraediate authority) yet liing vnd"" Prplex- 
ing discoragem*% through the threatenings of our Imperious 
Neighbours, & the disafections of others amongst o*" selues, 
whose actions speake much for a Change, makes us the 
boulder to solicite yo"" Hono" helpe as oportunity Presents 
by your furtherance of some answere from his Majesty, 
vnto whom herewith wee haue Inclosed our humble petition 
for a definitiue sentence touching o' future establishment, 
w^*^ being passed ouer by his Majesty : Wee doubt not but 
will soone ease or troubles & attract our wandering affec- 
tions into a more lutyre & amicable way of peace & future 
contentment, for w'^'' end wee begg earnestly your hono" 
assistance in the Premisses, w'' in for this amongst other 
fauours, wee shall ever remaiue vnd'' the obligations of 
thankefullness/ 

Your bono" humble Servants/ 
To the Comiss" w'*^ A 

Petition to his ma'^ Henry Jocelyn : Edw : Rishworth 
Inclosed/ Will Phillipps/ Francis Hooke 

Fran : Champernowne/ 



OF THE STATE OF MAINE. 147 

Col: Papers Vol: 22. N'\ 98. I. 
Petition of the inhabitants of Maine to his Majesty/ 

Praying a 
To the King's most excellent Majesty, Setlemy 
The petition of the Inhabitants of the province 

of Mayn In New England/ 
Humbly Sheweth 

That those tempestuous blasts of various alter- 
ations, which haue had (by divine providence) such an vni- 
versall Influence into the bo wells of political constitutions, 
& amongst others, into our weake & vnsteady goverment, 
w^'by severall Clamors, wee haue beene in feares, & daly are, 
tossing, & tottering to & fro as shaken reeds, or shipps 
vnballasted ready to overturne with the least breath of 
Clayme or Pretended Authority ; hath occasionally hurried 
some into iuvolentary distractions, others into causeless 
disafections, if not clandestine applications, by petition or 
otherwise to the Massatusetts for a change of yo"" Majes*^* 
authority here settled, w"" by spirits are disunited, Prsons 
Loyall discountenanced, & others animated, to our generall 
disturbance, respecting the peace, & Prsonall Interests of 
your Majes : poore (though wee hope loyall subjects of this 
province/ 

Under which disheartening molestations, Wee ly low at 
the feete of yo'' Majesty^ Clemency, pr^^'"^ & beseeching 
your Majesty* royall word, for our redress, & continewed 
establishment, either as wee now stand vnder yo"^ own Im- 
mediate Authority, or Esq"^ Gorges, or vnder whom shall 
see .... Most commensurate to your Majesty^ pleasure, 
the declaration w''of wee doubt not will Inlarge ^^ begininge 
of our future reviueings, & freedome from such Ineuitable 
intanglements, as certenly must succeed our Present or 
future vnsettlements, for your Majes'^* fauour w*'' in wee 



148 



DOCUMENTARY HISTORY 



shall for euer bee obleig'd to pray for your Majesty' pros- 
perity & well fayre/ 



Will Phillipps 
Francis Hooke 
Raphe Allanson 
William Sheldon 
John Budstarte ( ?) 
Barnabas Chauncy 
James Gibbines 
Thomas Williams 
William Liscom : 



Edw : Rishworth 
John Dauas 
Jeremiah Hubbard. 
Edward Johnson 
John Twisden 
James Grant 
Digery Jeoffery 
John Pudinston 



Henry Jocelyn : 
Fran ; Champernowne 
Abra : Corbett/ 
John Pearce/ 



End :) A Peticon from y*^ Prouince 
of IVfayne to y*^ Comm"/ 



Col: Palmers Vol: 15. JV° 32. 
Letf & Information of Godfrey concerning y® usur- 
pation of Boston. March : 14 : 1660 : 



Ho Sir w'*" most Humble thanckes for y"" Fauorable 
Aspect uppon mee in this my totall Eclipsed Condition I 



OF THE STATE OF MAINE. 149 

p''sume to giue yo" thes Few lynes for Cap*^ Jo. Leuerits uot 
Appering as Agent for the Mathesusets./ 

1. To considder his acting ther for subjugating the Estern 
pts In New England P'"sumptusly & Audatiusly w**^ out any 
power from England the pceeding yf hee will not shew I 
haue a Coppy : & Jo. Bakers deputaton heere. After 3 
yeares ther spent in vane for Redresse I came for England 
meeting hime shewed him my paper & complants hee 
wisshed mee to stay tell hee had Andswer of letters for Re- 
drese 2 yeares stayed noe Andswer 

2. Then I got a Reference from O : P. [Oliver Protector] 
nothing efected then one from R : P ; [Richard Protector] 
the Referes met diuers times hee did then Acte & acknowl- 
edg him selfe Agent for the Mathesusets 

3. This last yeare M Beckes deputation gues him Agent 
then 

4. In this Reference now of Masons & Godfrey though 
att fyrst hee Refused yet a gcise being fixed one the Ex- 
change & dd 24 JS mad an excuse 

5. The next meeting hee excused & sent a letter w"^ a 
Coppy of one sent him from ther Court accusing the Recept 
& Coppy of our peti*" w^*^ Andswer it most unjust & untrue 
as by the sundery deputations may Appeer 

6. his p'^senting the Cunteries Adresses to his Ma"/ I 
besech yo" Rember to bee w"^ the Referes att Docters Com- 
ands being Tusday 19*** of thes Instant mch 

Y'' Saruant to bee Comded 
Ed : Godfrey 



150 DOCUMENTARY HISTORY 

Consaring the Regment of New England for his Ma" best 
security & safest waie as I humbly Conceue In Regard I 
know the Cuntery from the fyrst discouery lost my nerest 
relations, slane by the Indians & I hauing faithfully att my 
owne Charge sarued the Cuntery 25 yeares by a duble 
Reeognisence my oath to God my discressuon experience & 
Fidelyty Consided : w^" prased bee God I pformed tell 
Ejected by the Mathesusets yo" know in pt my onely sonne 
his life & time ther spent 2 viages & Coming for to Trasport 
his wyfe & Famyly heering of my Rueu Abids yet heer I 
p'sume to giue yo" thes few Lynes/ 

I euer tould yo" th at Pascattowaie Riuer & the puince of 
Mayne is of More Consarnement to his Ma*' for trad p'^sent 
& Futuer w*'> discouery of the Cuntery then all New Eng- 
land besids & other reasons as by the Mappes may appeer 
wheather it bee not iitting yf A Generall Gou'' should Gard 
the Jurisdiction of thos Estern pts may not bee Regulated 
by Comition as forAly 30 yeares w"'out Complant ther or 
heer nor neauer questioned tell 1652 Boston would bee A 
Free Stat And Sundery Pattents 

1. The distance ny 80 Myles dangerus by sea & in the 
wynter not pregnable for diuers reasons as snow wading &c 

2. It will discourridg any publique Sperited men to un- 
dertake the like action being Roume for many 1000 famylies 
after 30 yeares to bee debarred of ther p^'ueleges 

3. His Ma" will haue more power our booth the one to 
bee Instrumentall to keepe the other in its dew obedienc/ 

4. It will Cause An Emulation who shall giue the best 
Acc° of the actions to the supreme power one w'^'^ all 
Pattents depnd. 

5. Some of the Pattents haue ther Relation heer & for 
extraction long experience, in the Cuntery Equall w"" any 



OF THE STATE OF MAINE. 151 

in Boston And haue euer acted for his Ma" Interest haue 
Pattents Com" Fornily &, now lining ar Cap' Henery Josse- 
line Cap* Francis Champernone fi Tho : Jourdau An Ortho- 
dox Deane for the Church of England & of great pts & 
Estate ifi Jo. Geffords goeth this yeare & Jospeth Mason 
ther for Ed Godfrey hee is to ould to Acte yet Oliner God- 
frey his Sonne & granchild being well versed in the Cunte 
( ? ) yf Comded will w**' the p'"sidentes of Ed Godfrey assist 
to the uttermost ther life & power, excuse my bouldnes 
being y"" ever obliged saruant to bee Coinded 

Ed Godfrey 
14*^^ ach 60., 



End ;) 14 March. 1660./ 

The Information of M"^ Edward 
Godfrey sometimes Govern"" 
of the Province of Mayne. 
concerning the consquence of 
that Province And the vsur- 
pations of the Bostonets./ 



For the Righ 
Thomas . 



152 DOCUMENT AEY HISTORY 

Col: Pai:,ers Vol: 15. JV° 19. 
Information of Ed : Godfrey, sometime Gov'^ of Maine/ 

*M'' Godfrey's Information of a Committee Sitting at 
Coopers Hall on behalfe of the Massachusetts. 

Worsip^ Sir 

According to y"" Coinands I haue Indeauord to screw 
into the Great Beneuolences that haue beune soe publiqly 
knowne to ppagat the Gospel In New England, but in Efect 
to bee ther a Free Stat the priuat acting as yet I conseall, 
ther is a snake in the weeds 

Ther is a Corporation sitting forffiily att Coupers Hall 
Comonly one satterdayes from 9 to 12 a clock/ For the 
Busines M'' Heugh Pecters confessed of Sexty thousand 
pounds, & 4;he last yeare they s'^ the had purchesed land to 
about 1000' p and but shrank now to 700', they Iseralits I 
am Egiptian conqured of them by the teyth of ther sourds ; 
I most hubly petid to haue some thing heer to Releue me 8 
yeares exturped of my meanes w*'* obligation what I had 
heere should bee ther repaid out of the Gleanings of my 
haruest they had reapid, & for my most faithful Saruis 30 
years, Amonst them the fyrst planter a vast estat spent my 
nerest relation in the discouery slane by the Indianes, My 
onely sonne Ruenated, by the Cuntery & I a Gouern'' 20 
yeares & my saruis In his Ma*' time of Charles the fyrst for 
them & the Countery In geiieral There Andswer was ther 
Brethering, ther & heere, Could not bread order, or to that 
effect. In fyne they were I-serelets. I an Eption 

The Stat of the busines is ther is one Smith that I met 
att M"" Arthur Generall sollicets to haue ther Pattent renued 

The Gierke or Secratary is one & Houper att Turner hall 
in Philpot lane 

*Note in modem hand. 



OF THE STATE OF MAINE. 153 

M' Asshworth att the Keaye in Hatling Street/ Aderman 
Peake att 3 Arrows in Cannon Street/ fit RotTe a Scriuener 
att back sid of the exc Ny the shippe tauern . . . . / 

iS Maiccheson att the Angell a lime drap in cheap sid/ 

ffi Wohier a wollen drap in Gratious street/ 

a Bell att Touer Street/ 

None eather ther or heer had any Acting in thes affayres 
that did not Idolise The Chirch Couenat 

The Great Mults & Fynes vppon thos of the Church of 
England onely for pe?i to haue the liberty of Free born 
English can shew sm .... a Considerrable Valine/ 

Ther Tribut of the Indianes they yearly receue a Consid- 
erabP some this for p'sent tell I see yo"* I Rest y'' to bee 
Comded 

Ed Godfrey 
London ad. 19. Feb 60./ 



End:) Feb: 19. 1660./ 

The Informacon of M'' Ed Godfrey Sometimes 

Govern'' of the Province of Mayne. shewing 

that a Comittee sitts at Coopers Hall on the 

behalf of the Massathusets./ 
That the Massathusetts did sett Fines upon 

such as Petitioned for Libertie. 

Edw : Godfrey to Sec. Sir Edw : Nicholas/ 

Ho. Sir I forfflily gaue yo"* in Print an Appendax to the 
petition to the usurp Cromell & Parlament Consaring the 
North ptes of America. Granted by boothe the last kinges of 
euer blessed memory, but of late in thes times one pticueler 
Pattent of the Massesusets att Boston in New England 
haue usurped all most all the Cuntery to ther subjection 



154 DOCUMENTARY HISTORY 

being Gence Inemica : to Loyalty in practice to bee a Free 
State being turned out of my Pattent for lyoly came to giue 
an acc° of 55 yeares trauell of w"h 46. in Ciuell Imploy- 
ment for my Cuntery 27. tlier aged 77 yeares, yf an object 
of pitty moue yo" not yet piety for Gods Glory and g fit to 
his Ma^' & securing thos pts to his Ma'^ dew obedience sud- 
denly yo" will vouchsafe to affourd a few Mynits to puse the 
Nedfull may att p''sent bee p'"uented by coinition. w*^'^ heer- 
after may bee dangerus & Chargable of hyer Consarnement 
then yf all the Baltick sea were anaxed to his ma'' Empier 
yf I Cannot bee hard, haue p formed my Duty hauing suf- 
fered 8 yeares & now for all my saruis for my Cuntery like 
to perish for want — I Rest 

y ho Saruant 
16'^ July 66 to bee Coinded 

Edward Godfrey. 



End:) 15° July. 1660. 
M--Edw: God- 
frey . . . Amer- 
ica & New Engiy 

For the Ho. Sir Edward Nicolas 
Knight Secratary to his Ma" 
thes p^^sent/ 



OF THE STATE OF MAINE. 155 

Petition of Brian Pendleton. 

To the Honored Generall Court now 
assembled at Boston of Magistrates 
& Deputyes : the Humble petition of 
Brian Pendleton 
Humbly Sheweth 

That beinge twice employed to take in the Esterne parts 
at Kittery Yorke Wells &c : with the Honored M"" 
Browstreet & others one time : & with the Honored 
Deputy Governor & others the 2*^ time : A Returne 
of their aksions was presented to the Gen" Court 
1653 which the Court acksepted & was pleased to 
promise to Gratifie with some Land (as appeareth by 
the Record as they had to other Gentlemen soe Im- 
ployed iformerly : some of which thay Gratified with 
hue hundred Acres of Land : wheareby I am In- 
coraged to moue this Honored Gent! Court to graunt 
mee (on the considerations afores*^) liue hundred 
Acres of Land on Cochecka River aboue Dover 
bounds as neere to the Land layd oute to m"" Edward 
Rawson as may bee : to bee Layd out by m'" Edward 
Starbocke & Peter Coffin & y' peticbne" shall pray &c 
Yo"^ Humble searvant to Comand 
Brian Pendleton 

26. 3 mo. 1658. The magis*' Judge meete to 

Graunt the peticoue'" on his Request twoe hundred acres of 
land in y^ place desired In Reference to the Service per- 
formed if theire brethren the depu*s Consent hereto. 

Edward Rawson Secret 
The Deputyes Consent hereto 

William Torrey Cleric. 



156 DOCUIVIENTAKY HISTORY 

Retu7'n. 

The returne of the commissioners of the Generall court 
of the Massachusets, being Authorised and Appointed to 
settle ciuill government in the Easterne parts to the utmost 
extent of their line, as appeares by a commission, graunted 
them bearing date the 26*"^ of May 1658. 

In reference wherunto the Comissioners aforesaid whose 
names are here subscribed according to order and trust 
therein to them committed did repaire unto the Eastern 
parts and at Yorke did adjourne the Court unto the house 
of M'' Robert Jordan at Spurwinke sending out summons to 
all Inhabitants Residing within the line proposed there to 
appeare personally personally before them w*^"^ by the major 
part thereof was Attended, but after some serious debate of 
matters betwixt us, remoouall of some doubts, and our 
tendering of some acts of fauor, and priuiledge to them the 
good hand of God Guiding tlierin by a joynt consent, we 
mutually accorded in a free and comfortable close as doth 
more fully Appeare by these ffollowing Acts. 

Wee the Inhabitants of Black Point, Spurwinke, and 
Casco Bay with all the Islands therunto belonging do owne 
and acknowledge our selues to be subject to the Gouerne- 
ment of the Massathusets Bay in New Enland as appeareth 
by our pticular subscriptions In reference to those seuerall 
articles formerly graunted unto Dover Kittery and Yorke, 
which are now graunted unto us together with some Aditions 
as upon record doth appeare. 

ffrancis Smale Mich : Madineer 

Micho. White, //mrs Andrew Brames m-'k ^ 

his mark Tho : Hannot mrk ^ 
Tho : Stanford George Taylor m'ke ^ 

Jonas Bayly. J", his mark Henry Jocelyn 



OF THE STATE OF MAINE. 



157 



Robert Corlyn 
Nathaniell Waley 
Arthur Auo-ur Jun 



his mark 



/ 



John Philips 

his mark. jr# L) 

mrke 
Rich : /\ Martin 

mark 
George Leuy -U 
Ambrose Boden 
Samuell arkemoy-'^^ 



George Cleaue 
Robt Jordan 
Jn° Benighton 
Richard Fox well 
Henry Wats 
Francis Weale 
Abra : Fellow 
Ambrose Boden Sen 
Mich Millen 
Jo" Timey mark 



>r 



Nico : Edsccomb 



^ 



mark 



Euery of the persons as aboue mentioned which haue 
subscribed to this writing haue further by oath taken In 
Court engaged themselues to this Authority of the Massa- 
chusets at the date hereof July 13. 1658. Whereas the 
Townes of Black Point, Blew Point, Spurwincke and Casco 
bay haue acknowledged themselues subject to the gouerne- 
ment of the Massathusets as by the seuerall subscriptions 
under their hands doth Appear wee the Comissioners of 
the Generall court of the Massa- doe actually grant as fol- 
low eth. 

1 In case by an imediate power from the Supremacy of 

England wee are comanded & after Adresse to the same 

Supremacy by the Massathusets Authority it be desired as 

proper to any other Regulations then ours this obligation to 

we protecting till the determination therof. 



2 That an Act of Indempnity or obliuion granted 
them. 



158 DOCUMENTARY HISTORY 

3 That all such acts and priuledges, as haue granted 
to Doner Strawbery bank Kittery, Yorke, Wells and Saco 
are granted unto them. 

4 That in cases of Appeales to Boston the Appealant 
shall haue ordinary costs, but shall put in sufficient security 
(not recouering) to make good treble costs to the defendant. 

5 That they shall haue true transcripts of such priui- 
ledsfes as haue been to the fore mentioned Townes, sent 
unto them to bee Recouered with all convenience. 

6 That the ciuill priuiledges now granted them wee do 
not intend shall bee forfeited upon differences in matters of 
Religion but their Regulations therein must be acording to 
the poeuall lawes. 

7 That those places which were formerly called black 
point, Blew point, and Tons Island therto adjacent shall 
henceforth bee called by the name of Starborow the bounds 
of which Town on the Western side, beginneth where the 
Towne of Saco endeth and so doth run along on the West- 
erd side of Riuer of Spurwinke, eight miles back into the 
countrey. 

8 That those places formerly called Spurwincke and 
Casco bay from the starbour side of Spurwinke Riuer to 
the Capboard Island in Casco bay shall run back eight miles 
into the countrey and henceforth shall bee called by the 
name of falmouth. 

9 That the Townes of Scarborow and Falmouth shall haue 
Comissioners to try causes as high as fifty pounds. 



OF THE STATE OF MAINE. 159 

10 That those two Townes of Scarborow and Falmouth 
shall by a survey, take an effectuall course, to bound theni- 
selues betwixt this time and the next court, holden for the 
county whereunto they are to make their returne or upon 
their neglect therof the county court shall Apoint Comis- 
sioners for the bounding of them. 

11 That those two Townes of Scarborow Falmouth are to 
send one Deputy yearely to y® 

giuen 
Symonds 
Wiggins 
s Shapleigh 
Eishworth 



W as some late difference seemes to appeare to vs be- 
tween M"" Fletcher Juni'' & part of the Inhabitants of Wells, 
as touching his vnfittnesse for y^ place of the Ministrey, 
which occasionally for neare two years pas'd as is app'"hended 
(relateing both to the sanctify of the sabboths, & the ]3for- 
mance of god' holy worship there in/ hath drawe them Into 
Generall neglects/ 

For future p'vention w''of It is therefore ordered by the 
authority of this Court, that due notis be given to the In- 
habitants of Wells & M"" Fletcher that they do make y'' ap- 
pearances at the nex' County Court at Yorke, there, either 
to Justifie those exceptions of vumeetenesse they seeme to 
charge against him, or otherwise from them the s** Fletcher 
may bee acquitted/ 

This is a true Coppy of the Generall Court order made 
May 30"' 1660 : 

as Attests/ Edw. Rawson Secret 



160 DOCUMENTARY HISTORY 

Petition May 30, 1660. 
To the Honored Generall Courte now assembled 
att Boston 30 May 16 GO the humble peticon 
of some of the destresed in habetanc of the 
towne of ifalmoth 

The humbell desier of your pore peticeners hoping that 
you will take it in to seres consideration our present con- 
dicon that we stande in respecte of the pretended patenes 
and chimes that m'' Robert Jorden and M"" George Cleues 
laies Clairae to So that much trobell cometh to ous sueng 
men to Cortes as Witnes the many sutes and acones at 
cortes and ar still goen one a gainst ous and other tretened 
a gainest So that We ar much destracted in our afares and 
know not What We shall doe in thes our trobeles only our 
les ar to God and you that that you old be plesed to 
conseder our condicon and destractiones that We ar in and 
that it will be the ouerthroe of thes hopfull beginenes that 
is a mongest ous god hauing be gone to anser our prayeres 
and to send ous a faithffull dispencer of the Word to ous for 
wich We desier to bles god for and we hope shall in Joy if 
these destractiones doe not discoreg hem therfor our oumbell 
reqest is to this onered asembeley that you old be plesed to 
take it in to concideration our present Condicon for iff that 
M"" Jordenes paten and claime hould with m"" Cleues the 
towne is ouer trowen and noe man shall in Joy what he hath 
labered vppon and posesed ounley it be vppon ther teremes 
and at ther Wiles and plesueres but we hope that we shall 
iujoy our preuelew.s and towne a fares with the rest of the 
townes in the Dueredicon thes not to trobele your oneres 
noe farther but leue the Case to god and you hoping for a 
Comfortabell anser We Remaiue youres in all foithfuUnes 
Phinihas Rider Nathan Wallis 

George Ingersoll Thamas Cellen 

George Lues Houmphry Durham 

Joseph Phippen John Walles 

Nicholes Wite 



OF THE STATE OF MAINE. 161 

Petition of Georg Cleeve 
To the honered maigistrats and deputis of 
the Massachusets Collenie or gouinc whom 
thes may Concearne : 

Gentle men & honored worthis it is not vnknown to many 
of you that Collenell Rigby one of the Barans of the 
publick Excheck"" of the Coinonwelth of England p^sedent of 
Ligonia hath by his Coinission deputed mee to be his deputy 
for the Government of that pvinc for this many yeres past 
the Bunds & limmits of which pvinc hath bin set forth in 
sevarall Comishions & othar Instruments as well from the 
Crowne by the Covncell of plymoth as allso sevarall Confir- 
mations by the parliament & Covncell of stat to thes tyms 
^sent & sine the decease of the saied Baran Rigby that 
gvinc is descended vpon his soonn Edward Rigby of Greais 
Inn EsqQ who hath allso deputed mee by his Comishion & 
hath appointed mee to Soinon a Genarall assembly of all the 
villiges in that pvince from the Rivar Sagadiehock to the 
west side of preston or wells which I shall spedelie doe 
forthwith vpon my coiiiing home to my house vnles I shall 
be covntarmanded by you who as I vndarstand haue chal- 
lenged that pvinc or a great part therof to be within ya'' 
pattaint & haue Subjected the people to yo"" Gouerment not- 
withstanding ther formar svpmishion & Ingaigment by oath 
to the Constitutions of that gvinc. 

I shall therfore humbly desire this honered assembly to 
giue me a fvU answer in writting of yo'" Intentions & pseds 
herein that I may be enabled to giue a true narative to my 
svperiors without any mistakings that so peac & loue may 
be continved amovngst our selves here, and if y* may be 
that Contentions by suts in Lawe or farthar Complaynts may 
be ol)structed in England betwene this Collonia or pvinc & 
our p''sedent or any othar whom it may Consarne. 
11 



162 DOCUMENTARY HISTORY 

And Lastly my humble Kequst is that a favarable con- 
struction may be put vpon my self & what I haue here 
writen ])eing sodently done with out any advice or p'medita- 
tion in Regard of my spedie Intended voyag home to my 
howse desiring allso to be excused for p'senting it in so 
Eude a Caractor haueing no othar Scrib than my selfe all 
which being Granted I shall willingly Subscrib my self to be 

yo"" most humble 

Sarvant 

Sept. 1G53 Georg Cleeve 



ffalmouth pet Entred & 2\ 6". secured 
1660 

In Answer to this petition the Deputies thinke meete that 
the Issuinge of this Case be referd to the Comitt appoynted 
for the eastern affayres pvided the ptyes concerned agree 
thereto, the Deputies haue past this Desireing the consent 

of o"" hono"'^ magis** hereto 

Willia Torrey Cleric. 

1 (4) 1660 

6 (4) 1660 The magistrates consent not. 
Th. Danforth 



Order relating to General Trainings, d-c. 
Whearas the townes of Scarbrow ffamoth and Saco ar far 
remote from the town of Yorke and also lie one the fronteer 
of this Jurisdiction and cannot w"^ saftie leaue their famylys 



OF THE STATE OF MAINE. 1G3 

to attend Genirall Trayneiugs tlieare. it is thearfor ordered by 
this Courte and the Awthorytie thearof that the soldiers 
belonging to the aforsaid Towns shall not be compelled to 
Attend an}^ Genirall Trayneings at Yorke w"' out spetiall 
warranto fro the niaj'" General I 

And whearas the Hands ajasant to the aforsd townes may 
be gjuditial to the Contry by harbouring disordrly and 
vnruly p sons to line vv^'out command and ord'', Itt is thearfor 
ordered that all Hands lying ajacent to the aforsd Townes 
shall lie and be vnder the Governm* of the Town vnto w*^*^ 
the lie nearest 

Alsoe considering the remotenes of the townes aforsaid 
form the place of their Countie Records whereby many in- 
conveniencies may arise vnto them, It is thearfor ordered by 
this Courte and the Awthorytie hearof that the aforsaid 
Townes of Scarbrow famoth and Saco shall haue a Recorder 
chosen by the freemen of themselves who shall haue power 
to record all deeds and conveyances of lands morgages of 
Land or Cattell according as the law provideth in that case, 
and that they shall not be compelled to record theyr said 
deeds or moro;a<^es in the Countie Records. 



These three foregoinge orders are 
voted by the Deputyes Desire- 
inge the Consent of o'' hono'''^ 
9 4 1560 magis'^ hereto 



William Torrey Cleric 



y® magis*' Consent not 

Edw Rawson 



164 DOCUMENTARY HISTORY 

At a second Session of Gen" Court held at 
Boston Oct. IG**- 1660. 
Part of the Report of Comraiss'"^ appointed 
to enquire into the Eastern Affaires. 

And as for the Complaint of IVP Cleve when we were at 
Saco attending the Gen" Courts before mention'd Order, 
His Writings & Evidences were not present, Therefore We 
can make no certain Return thereof, but judge meet Towns 
men of Falm" be ordered not to dispose of any Lands w*^** 
are within the Boundaries of the Patents or Grants of the 
said IVT George Cleves untill this court take further Order 
therin ; As for the Complaint of jVP Rich'^ Foxwell, He ap- 
peared not here for to make any Proof thereof : 
Dated the 25'^ ^fo- 1660. 
P Hump. Atherton 
Tho. Savage 
Tho. Blake 
The court approves & allows of the Return of these corn- 
miss'"^ & Do Order that it shall be a final Issue of all Mat- 
ters in Difference & the matters contained therein. 

A true Copy 
Exammed p J Willard Secry 



Petition of George Cleave, 

The honored Generall Court Assembled and Sittinsr 

in Boston : this 24 (3° : 1661 The humble petition 

of George Cleaue of Fahnouth Gent : 

humbly sheweth. 

That yo"" petitioner hath bin, and yet is greatly wronged, 

and oppressed by M"" : Robert Jordane, not only in laying 

Claime unto all my lands, which I have purchased at very 

deare rates but by forewarneing of my Tenents that are & 



OF THE STATE OF MAINE. 165 

hindering others that would bee, although I have had after 
purchase possession for these 27 yeares or there abouts : by 
raeane whereof the populateing of the Towne of Falmouth 
is much hindered to the great loss and detriment of yo"" 
petitioner, and Considerable hindrance to the Country and 
least I should quietly injoy my just right he hath for twoe 
yeares togeather now past or there abouts Continually vexed 
yo'' petitioner (as hee humbly doth Conceive and hopes to 
prove) with unneccessary suites in severall courts whereby 
hee hath soe fFarre misinformed severall Courts as yo'' petitio'' 
hopes to prove, as that p'' vayleing he hath almost & if help 
& redress fayle is in a fayre Avay utterly to mine yo'' humble 
petitioner & his for ever : The perticulers whereof are too 
large to troubP the hono'^'^ Court with in this sort. And 
therefore yo"" humble Petetioner doth humbly beseech the 
honou''d Court to Consider the p''mises & either to admitt 
Audience of of yo'' petition''^ declaration in the court in 
Generall, or else to grant a Committee to heare what hee 
hath to say that soe yo'' oppressed petitioner may have some 
releife in his great sulfering : 

Your most humble petitioner doth humbly 
intreat the hono'"d Court to ponder the 
premisses, and grat yo"" po"" petitioner 
such releife as in yo"^ wisdomes yo" shall 
see meet, and yo'' petition' humbly crave- 
ing leave, praying for a blessing of God 
upon yo" & yo'' administrations : subscribe 
my seife 

Yo"" :s 

Georg Cleave 



166 DOCUMENTARY HISTOET 

Return. 

Returne vpon this petition. 

The petitioner apered before the comittee : but m"" Jordan 
against whome he comphiines was not p''sent, Therefore if 
the court please to vouchsafe the petitioner a Iiearing before 
the court that m' Jordan haue legall notice thereof that he 
may Iiaue optunity to answer, or elce to appoint & inipower 
a comitte in those pts to heare the complaints of the petit- 
ioner & the answer of m'' Jordan & report, the case to the 
court for determination, according to Justice, datted the 
28*'^ of may l(i61 

Daniel Gookin 
Elea. Lusher 
Edward Tyng 



Imp^s 
A House Loot in which i Liue Nere the forte abought 
one Acor all soe a sixe Acor Loot to s*^ Howse Loot vpon 
the Necke the forte stands vpon & sixty acors of ought Land 
for : a Harm being a smale Hand Called Littell Chabaick 
Ihmd being abought 60 Acors thare in a Dwelling howse 
ware House & other Improufments vpon the same 



a house Loote on the west side the Coue nere the forte 
abought one Acor a sixe Acor Loote vpon the Necke & 60 
Acors of ought Land neere ou'" Grate sae mill purchessed of 
Bartholo Gidney Esq the improufements is a Dwelling howse 
& soom In closiers 



OF THE STATE OF MAINE. 167 

about sixty Acors of Land purchessed of m"" Jn° Graves 
Leying to the westward of ni^' Thaddeus Clarke 



a strarae of wallter & timber for a sae mill Lande Granted 
a mile square by the select men with the accomodations of 
all Timber that may bee Conveniantly Brought to said 
strame with what meddow Layes with in said Bounds. I 
desire a Grante of about sixe or Aight Acors of the salte 
massh Adjoyning to s'^ Land Improufements is a saw mill & 
a Dwelling house. 

a streme for a sae mill with accomodations vpon Both 
sides the strame of Land to the valey of three hundred 
Acors for pasterig & abought sixe Acors of fresh meddow 
purchessed to s'' streme with the privileg of all Timber that 
Can bee Conveniantly Brought to s"^ streme Improufements 
is a sae mill a grist mill &, a howse 

a streme at Long Cricke for a sae mill with two hundred 
Acors of Land and all timber that can bee Brought to said 
streme Improufements is a sae mill Howses & som Land 
in tillage 

abought fou'' hundred Acors of Land at Nonsuch pointe & 
nere Adjoyning to itt abought fiftene Acors of fresh med- 
dow at non such masshes Improufements is a Dweling house 
soom ought Howses & abought fiftene Acors in fense sooui 
in Tillage & a stocke of Cattell. 

severall persells parte wee haue purchessed with our 
mony & parte by towne grants to ou"* selfes ou"" Charges haue 
bin very Grate in the Improufement of seuerall parsells 
Bounded alowd of By the select men & the Towne sowne 



108 DOCUMENTARY HISTOEY 

Records except the fresh meddow : & the Hand the medow ; 
Leys in another towne as we purches itt & haue deed wee 
desire wee may haue a Grante that we bought according 
to the bounds all Reedy settled. 



Mr. John Tliovjye. 
County of / / Att a Court houlden at Yorke for this 

Yorke /7 County July 4"> 59 : Mr John Thorpe 
'I psented l)y the Grayne Jury as folio weth/ 

1 : Wee p''sent Mr Thorpe for abuseing Mr. Rober* Jordan 
in his owne house in soe much y* Mr Jordan was forced to 
Coriiand his owne servants to turne him out of doores/ 

2 : wee p'sent Mr Thorpe for excesse In drinking/ 

3 : wee p'sent Mr Thorpe for teaching vnsound doctrine/ 
In reference to these 3 p'sentments aboue written Mr 

Thorpe "was examined by the County Court y" in being, & 
by Admonition vpon payment of the officers ifees, was from 
y™ by the same Court discharged/ 

As Attests Edw : Rishworth Re : Cor : 

Deposition 
The deposision of John foxwell aged 22 yeres or there- 
abouts. 

This deponant maketh oath that about the beginning of 
Septemb'' Last hee was at Andrew Algars howse wher 
weare p''sent m^ John thorp Richard More & goodwife Algar 
where hee did here m"" John thorpe ])id him & the rest that 
were p''sent tell Elizabeth ba3die the wyfe of Jonas Baylie 
that she was a witch & he had proved her so to be aftarward 
he added & said she w^as a Rotten dammed witch as ever 
held Bread and swore by god to it & farther saith not 
Taken before mee first of 
octobar 1600 ffrancis Neale Cornish 

in the p'"sence of me 
Robart Jordan 



OF THE STATE OF MAINE. 



169 



Deposition 
Richard More aged 40 sworne saitli that m' John thorpe 
said before him & many more that Jonas baylies wyfe was a 
stinking rotten witch & he had proved one & bid John Fox- 
well tell here soo & bovnd it with an oath & farther saith 
not. 

Taken before me this 19 of octobar 1660 

Henry Joccellen Comish 
This a true Copie of thes to deposissions attested by 
mee Georo-e Cleeve Comishinr 



Bequest of Inhabitants of Scarborough 
The honered Genarll Court the hvmble Request of 
the Subscribars the Inhabetants of Scarboroh 
shewing 
that wee togethar with othar the Inhabitants our neighbours 
of our towne did for som too yeres sine or vpwards entar- 
taine & make agrem* with m"^ John thorp to be helpfull to 
vs in the work of the ministry for one yere for a triall of 
his sufiency in that his function for that tyrae hopeing that 
he was sownd & orthodoxal in his docktrin & holy & vnblam- 
able in his Convarsation, that therby wee might haue bin 
Instructed in the waies of god & haue bine eddified 
& built vp in the most holie faith Init in short tyme 
wee fownd wee weare deseved of our hopes & expectations 
hee proueing not so able or Avilling in his place as wee 
hoped he had bin to Instruct vs in the wais of saluation. 

and to our great grefe wee ar Inforced to accuse him of 
notorious Crimes in his Convarsation as may appere by sev- 
arall testimonies vpon oath & sevarall p''sentnients in Court 
of Drvnkenes & Revilings & slaundring of neightbours & 
othars & divars Inordinat Cariges verie vnsemly for any 
Christian mvch more vncomly for a minister of the gospell 



170 DOCUMENTARY HISTORY 

of Jesus Christ by all which wee Coiiseaue he doth mvch 
more hurt by his evle example in life then evar hee did or 
can doe good by his docktrou In considaration whereof all 
though wee weare contented to pay the first yeres compo- 
sission in regard of our promise y' we hope the honored 
Court will not Compell vs to pay our monny against our wills 
to a Wolfe in sted of a shepard nor Inforc vpon vs a nessessity 
of coining to here him prech by whome wee can receaue no 
eddifiing which wee conseaue is but to deseml)le with god to 
p'"sent our bodis before the lord when our harts can not close 
with the mouth that speaketh to god for vs who we feare 
haue not the Spirit of piety & so make our selues giltyof the 
breach of that great coiTianddement thou shalt not take the 
name of god in vaine all which being Left the considaration 
of the honered Court we desire to Subscrib one by one our 
names or marks to be huml)le sarvants & shall pray. 

Richard ffoxwwill Senor 

Andra Browne 

Richard flbxwill Jner 

John Ifoxwell 

Alexander Smeth 

Christopher Collins 



Jonas _. / Bajdie his mark 




Mr John Thorpe 
Vpon Information giuen to this Court of severall misde- 
meano""' coiiiitted by m"" John Thorpe who vndertakes to be 
a preacher at Scarborrow In answer wherevnto this Court 
doth order & the sd Thorpe is hereby enjoynd that after 
due notice hereof he forebeare to preach any more vntill 
Yorke Court next, where the Cunstable of that towne shall 
warue him to appeare together with such Wittneses or suf- 



OF THE STATE OF MAINE. 171 

fycyent Testemonyes taken vpon oath before any Empowred 
to take Evidences in thsit Connty which sd County Court 
shall examine the ground of this Comp' : & proceed therein, 
as the lawes of this Coinon wealth doe provide in such cases 
the Deputyes haue past this Desireing the Consent of o"^ 
hono^'^ magis'^ hereto 28 3". 1661 William Torrey Cleric. 

Consented to by y® magis*^^ 

Edward Eawson Secret 



Petition of Inhabitants in Wells. 

To the much Honoured Generall Court of y^ 
Massachusets Colony 

Assembled at Boston May. 22. 61. 

This Petition of ours, who are Inhabitants in 
Wells 
Humbly sheweth to you Eight Worshipfull, & much 
honoured That where as it hath beene yo'" good pleasures, 
by an *order Dated October 16. 60. to Injoyne mr Seth 
tiietcher to forljeare preaching any more amongst vs. Wee 
humbly & earnestly request that you would be pleased to 
take of the sd Injuntion, And that the sd tiietcher may haue 
libertye to accept a call, & to settle him selfe amongst 
ys, or an}' othe'' people, for the dispencing of the vnsearch- 
able riches of Christ, & the Administration of his Ordi- 
nances, One ground of our petitioning to you in this manner, 
on his bchalfe being publique, generall, & perticule'' satis- 
fiiction fl'alling downe at y'^ feete of God & men. ac- 
knowledging whatsoever (conserning the differences, that 
hath beene beetweene some perticular persons & him- 
selfe) hath beene or (as apprehended by vs) could be de- 
maundcd of him. The truth & sincety of his repentance 



172 DOCUMENTARY HISTORY 

his practice cloth declare, by his humble & holy walking w^^ 
a manifestation of his desiers, not to offend, or greeue, y® 
spirits of the least, or weakest Christians, much lesse the 
Spirit of Christ it selfe, And we hope (haueing no cause 
otherwise to thinke but y*) if you shalbe pleased to yeeld 
to our humble Implorations, he will proue very serviceable 
& vsefull to the Church of Christ, Bee pleased therefore to 
graunt you"" favourable acceptance hereof causing vs to 
enjoy ou"" wished desires, & yo"" suppliants shall pray God, 
for y® presevation of all this, honoured Assembly, & that 
vnde'' 3^ou, wee may lead a quiet, & peaceable life in all 
godlinesse. And honestie. 
from Wells May 17^^ 61 



Edmond Littlefeild Nicholas Cole 

John Wadleigh Thomas Littlefeild 

John Chater Thomas Mussell 

Jos : Bolles Will Cole 

Insign John Barret ifra : Littlefeild 

Will Buckland Wilt Ashleigh 

John West John Littlefeild 
ffra : Littlefeild Sin : ' 

Will Hamond 

The Coiiiittee Returne vpon 

this petition 

The comittee Thinke it not expdient for the court to 

grant his petitio vntill m"" ffletcher bring or send a certificate 

from the County Court of Yorke of his repentance & good ' 

couQsation ; datted the 28"^ may 1661 

Daniel Gookin 
Elea : Lusher 
Edward Tyng 



OF THE STATE OF MAINE. ^ 173 

The Deputies approue of the returne of the comittee in 
reference to this pet. Desireiuge the Consent of o"" Hon*^*^ 
magistrates hereto 

William Torrey Cleric. 
4 June 1661. Consented to by y® magis^' 

Edw Rawson Secret 



Commission May 17. 1662 
To Majo'' Generall Daniel Denison majo'" William Haw- 
thorne & Ca[)^ Richard Walde''ne yow are hereby Required 
& Auorized to Repaire forthwith to Yorke or Wells in the 
county of Yorke so as yo''' be there at or before y° 26'*^ of 
Instant May when a Generall Court is (as this Court is Cred- 
bly Informed by y° Authority of Henry Jocelin Escf m'' 
Robert Jordan &> m"" Nicholas Shapleigh sumoned to meete 
together to excercise GoQment ouer the good people of that 
County, who by theire subscriptions & oathes haue subjected 
& acknouledged themselves to be subject to the Authority 
of the Massachusetts Jurisdiction as being w''in the line of 
this pattent) and to Inquire into the Grounds of such* their 
declinings from y*^ obse^'ance of their oathe^ & duties ac- 
cording to y® Articles & Agreem*'^ betweene them & this 
Gouernment and on their pervsall & examination of 'what 
by the said n/ Jocelin Jordan & Shapleigh shall present 
shall on the behalfe of thes GoQnients Require themselves 
& y® people to Returne to their due obedience vntill this 
Gefil Court by their Aplication & Addresse to his Maj'^' & 
due Information of the state of the case & our Just Right 
to those parts full & cleere orde's shall be Returned suitably 
to y® aboue mentioned articles &, in y^ meane time cither by 
themselves or such as they shall Appoint keepe y^ ordinary 



174 DOCUMENTARY HISTORY 

& vsuall courts y* due Justice may be Administred as oc- 
casions shall present & further act & doe in y*^ p''niisses what 
they shall find most Just necessary & beneficiall for y*" 
establishment of order & peace & y' the Tresurer of y® 
Country furnish y® s'^ Coniissio" av"' tonn pounds for their 
necessary expenses 
Voted by y*^ whole court 
17 May 1662. 
E. R. S 

That this Comission be signed by them 
That y*" Comissione^'s be furnished w"' 
Agreed tenn pounds money : — 



It is Ordered that for & In Consideration of m'' Thomas 
Danforth^ his furnishing the comissione's to Yo'ke av"' tenn 
pounds money shall haue GraunteSl him as an Addition to 
y^ two hundred acres of land Graunted to him by this Court 
so much land liing between Whip SufFerage & path ad- 
joining to his farme as old Goodman Rice & Goodman Hoav 
of marlborough shall Judg y^ s*^ tenn pounds to be worth & 
they are impowred to bound the same to him// 
Voted by y'' whole Court E R S 

17 May 1662 



^ , For the right worship'^ John Endicott Esq'" Gov- 



Jo 



Z^/ erne'' of the Mascatusetts Coloney Pscnt 



OF THE STATE OF MAINE. 175 

Petition of W"^ Crorvne 

[A number of words in this petition are wanting.] 

of that Liberty frighted him soe, as that he durst not 
serue the Attachiu'^ upon him at yo"" petitioners Suite for a 
dept of IT'"" 12.S soe as yo'" petition"" k)st all his charges and 
Labo"^ as did appeare upon oath to the said Court by Sam" 
Hall yo"" petition's Attorney, l)ut yo"" petitioner receiued noe 
reliefe And since yo'" petoitin"" hath used all meanes possible 
to bring y* s'^ Mr Jordan to y*^ court of Associates at 
Yoike by an Attachm' serued by y" Maishalls Dep* both 
upon him for his contempt, and upon y" afores*^ Sandford 
for neglect of his dut}'", and by tricks, shifts and evasions 
the said Jordan & Sandford putt y'^ Cause offe from a tryall 
there under pretence that the Marshall had no power to 
serue Attach m'^ in the said Jordan's Liberty. 

The premisses considered, and for that yo"" petition"" hath 
used all meanes possible to procu/e a tryall at Law with the 
said Jordan & Sanford at Yorke to his great charge ollready, 
and seeing that Marshalls canot and Constables dare not 
serue Attachm'^ upon him ; there is noe other place left for 
the Reliefe of yo"" petitione"" but by this hon'"'' Court. 

Doth therfore humbly jM-ay that the said Jordan and 
Sandford may be injoyned to Answere yo'" petitione"" at some 
Court neere adjacent in regard yo"" petition'" hath spent so 
much time & charge to bring it to tryall in those parts & all 
to no purpose, & in regard of yo"" petitione""^ inabillity to 
travell. 

And yo"" petitione"" shall pray &c 
W" Crowne 

Report 
16. (8) 1G62. The Comittee haueing considered the 
contents of this Peticcon, do conceiue that it will not be 
justifiable for the authourity of this Court to Avert the 



176 DOCUMENTARY HISTORY 

Course of Justice by themselves constituted, but do Judge 
meet that y" petition"" take his remedy agst either offic'" or d"" 
according as Himselfe shall Judge best: 

Thomas Danforth 

Edward Johnson 

Roger Chip 

The Deputyes approue of the returne of the coinittee in 
answer hereto o'" Hono"^ magists consenting hereto 

William Torrey cler. 

consented to by the magis*^ 

Edw Raw^*on Secret 



George Cleeve vs. RoU Jordan 
The Declaration of George Cleeve or his Bill 
of Complaint against m'" Robert Jordan of 
jftalmoth in the County of York./ 

W Robert Jordan At the County Court of York, held in 
the Moneth of July in the yeare 1659 : Did make Sute 
ao-ainst me for a debt not pperly myne but soe p''tended and 
recoQed against me to the value of Ten pounds Ten shil- 
lino-s and Costs of Court, To the w^'' that he had no just 
o-round of Sute against me, I make appeare as folio weth 

1 Although I acknowledged that I did receive of him to 
the value of Ten pounds yet it w^as not on my owne acco* 
But on the Generall acco* of the Townes of tfalmouth and 
Scarborough in the County of Yorke aforesaid : I being 



OF THE STATE OF MAINE. 177 

appointed (by them) to appeare at the Generall Court in 
theire behalfe And my charges appointed by them to be 
borne, in part whereof I received the beforenamed sum of 
Ten pounds And m"" Jordan him selfe did ingage to pay his 
gportion of the Charges and to supply me while I was at 
the Court as I can by evidence make appeare ; 

Secondly 

in an Acton by me Entred and gsecuted against him at the 
same Court for vnjust clairaes by him layd to my Lands and 
wrongfull interuption and hindrin of my rents &c himselfe 
being an associate of that Court, I was cast as I conceive 
Wrongfully in that action and the Costs of Court found 
me, w*^'' I also for further clearing referr to testemony 

Thirdly 

]Vr' Eobert Jordan having recoQed the sd actions against 
me, takes forth executions against me for it as also for the 
Costs of Court aforesaid All w'='' with Charges of Extendino- 
did amount vnto the sum of Seventeen pounds or there- 
abouts as appeares by the Constabls testimony who Levied 
it on my house & houshold goods and cow : 

ffourthly 

M"" Robert Jordan having soe recoQed & extended as 
aforesaid notwithstanding did not then expel me my house 
nor tooke poseession of it but tooke my word & engagm' to 
pay him the just sum due to him by virtue of the said judo-- 
m*% w'='' accordingly I did fully pay vnto him, notwithstand- 
ing w''*', I having given him vnder my hand that the house 
& goods should remaine as his till the sum were paid, And 
though I had paid it fully yet a Court of associates in March 
last (him selfe being on of the associates he sues me againe 
for deliOy of my howse goods and Cow and recoQed against 
me, and hath taken them from me and holds them, the 
12 



178 DOCUMENTARY HISTORY 

house being prised but at 8" w'^'' but a little before cast me 
60'' — 

ffiftiy 

M"" Jordan at a forni Court of that Count}' aforesaid (w'''' I 
shold have minded l)efore) After he had cast me in the 
Accion of interuption aforesaid, did, vnder p'tence of hiw, 
sue me in an action of vnjust molestation, because I recoSed 
not the action against him, though it Avas a just action w*^'^ I 
gsecuted but him selfe being of that Court I was Cast 5'' 
againe in that action, and he not being therewith contented 
demands of me 15" alledging that the law gives treble 
damages in such cases w°'' I conceive I shall make appeare 
to the Hono^^ Court to be a very vnjust and injurious thing 

SixtMif 

At the same court of Associates in March last, having 
againe recoQcd my hovrse, cow Bed & Bolster & Bedd 
clothes, my Brewing-kettle, pott and other goods Obtaines 
an execution directed to the Counstables deputy to possess 
him the said Jordan of the said house and goods & Com- 
anded the counsta])les deputy (being his owne Creture) to 
throw out all my other goods as Apparrel, Chests, Trunks 
and pvisions out of doorcs, who soe acted to the spoyling 
and breaking of many of my things, and whereby I lost 
much of my goods and writings and Apparrel of my wifes 
and many other things to my damage more then a hundred 
pounds sterling : And more to vex and grieve me he brought 
with him on of his owne men (to assist the Constables 
deputy) who was stark drunke, taking my Kettle & pott 
being full of Worte for boere, redy to tun uj), and threw it 
about the house and carried away the set Kettle & pott and 
detaineth them to this day being contrary to the Law in 
such cases puided ; And further to increase my griefe, he 
required his drunken man and deputy Counstable to goe 



OF THE STATE OF MAINE. 179 

into my wifes chamber where she was laid on her l)ed(l & 
very sick who in a Barbarous manner pulls her from oif her 
bedd and takes her bedd from vnder her and the bed cloth- 
ing and carries all away — My wife being noe lesse then 
fouer score & seven yeeres of age And all this done after a 
warrant of Attachm* was served vpon the said house, Goods 
and Cow, by the said Deputy Counstable, vnder the hand 
of nV Edward Rushworth on of the Associates, requiring 
the said house and goods to be responsable to answer my 
action of review to be tryed at the next Court of Associates 
where (intrueth) I have smale hopes of good success in my 
sutes against him he being one of them And one that Bould- 
ly sayed — Let them if they durst, tinde any thing against 
him. My suspition being the greater for that I gued at the 
last Court that I had paid m"" Jordan Twenty pounds 
towards the Two Executions to purchase my peace for the 
p^sent vntill I might by sum review or complaint redress 
my wrong for all which I had no allowance by any order of 
Court Albeeit the Two first executions came but to 15" lOss 
beside what I paid the Counstable for fees and other Charges 
as appeereth by the Counstables testimony soe that m'" Jor- 
dan detaineth from me wrongfully my money goods & Two 
Cowes being all the Cattle I had for my Subsistance for the 
p^'sent and hath pfferd to sell my house, to any that would 
buy it And all this of purpose to starue and ruine me and 
my family : 

All w'^'i I hope this Hono'^'^ Court will duly Con- 
sider and order my repaierations : 

Georg Cleeve 

The Deputyes Conceiue in answer to this pet that the 
County Court of Yorke next are hereby Ordered to examine 
the grounds of these Complaynts exhibited agaynst m^ Jor- 
dan & gceed therein as they shall Judge meete according to 
lawes here established : 



180 DOCUMENTARY HISTORY 

the Deputyes liaue past this Desireing o*" Hono'''^ magis*' 
Consent hereto 
24: (8) 1662 William Torrey Cleric. 

Consented to by the magis** 

Edw. Rawson Secret 



Letter from George Cleeve JSTov. 24. 1662. 

Evar honored Sirs 

Aftar my due Respects & hvmble sarvic p^'sented thes 
may Informe you that sine yo' Comishionars were at York 
we mening m'' Georg Monjoy & my selfe, by accedent re- 
ceved a papar named a warant from m'' Henry Joccellen 
derected to m'' John Gey Constable of falmoth which aftar 
wee had Red & Considdered wee thought Requisit to take 
this exact Coppie here Inclosed & to detaine the papar vntill 
the puplication of the Genarall cor* warant was by my self 
publiqly Red in the Congregation the whole towne being 
^sent the last lords day aftar meting at which tyme allso m' 
Monjoy Red the Kings Lettar, & had not m'" Rishworth* 
Care bin to send the Courts ordar Inclosed in a lettar to m"" 
Monjoy wee had bin deprived of the benifet of the Courts 
ordar for wee ar truly Informed that the ordars sent to all 
the towns in that County wear stopped & not published 
neithar in Sacoe nor Scar])eroh but contarmanding warants 
in his Majgistas name vndar the athority of m'' Georgs & 
vndar the firme of m'' Joccellen published thare, Wee allso 
vndarstand that the p'tended Comishionars haue apointed a 
meting at Sacoe the 25 day of this ]3sand Novembar & wee 



OF THE STATE OF MAINE. 181 

sopose is to see what strength they can gathar to supres j'-o'' 
athority & to establish ther p'"tended intrest who haue given 
it out that the Genarall Court haue desarted the towns of 
fahnoth & scarboroh & that m'' brodstreet & m"" norton haue 
desarted the whole Conty of Yorksheire in England & here 
to & thervpon many or all well afected in Welse & else- 
where ar put to agret stand fearing that the Massachusets 
Collony doe deale dublie with them, by reson of thes & 
othar such lick storis given out by m"^ Joccellen, who allso 
reports that they doe daylie expect m'' Mavarick with four 
othar Coiiiishonrs in too great friggets to countermand yo"" 
athority in this yo'' Jurisdiction, but I beleve the ships ar 
not y* buylt, wee may expect spedily m"" Joccellen & m"" 
Jordan to com to our town to see what they can doe theire 
but my care shall be to defete their purpose in what I may. 

Now farthar my humble Requst is that you will forth 
with seriously Co nsidar of a Cource to be taken with thouse 
who doe deale thus parfiddiously, having taken the oath of 
fredom & fidelity for example to othars & for the maintain- 
anc of yo"" owne honar who haue Ingaiged to ptect all the 
well affected in this yo'' Jurisdiction. 

I allso desire to vndarstand yo"" senc whether the Jenarall 
Courts mind was that the offisars in that County that was 
chosen & sworn vndar yo"" athority should stand in theire 
plases till the tyme of newe election or these Constabls 
Chosen & sworne by m"" Jocellen & vnto that powire. And as 
tuching Assoticats wee vndarstand that m"" Joccellen & m'' 
preble haue both refused the oath & the exarsise of. theire 
places & only m'' Rishworth & m'^ Chadborn sworn & m' 
Monjoy not swone willing to submit when tendered vnto 
him now I desire to know whethar I may not administar the 
oath vnto him as is derecte in the Law book being a Com- 
ishion'' & apointed by the Court to administar the oath of 
the Lord to any parson as occation may Require or whethar 



182 DOCUMENTARY HISTORY 

any othar asotiats may be appointed to the number of five 
as allso whethar any othar Coinishionars may bee apointed 
for the too towns of fahnoth &. scarboroh in the Roonie of 
ra"" Joccellen or any othar in case of llefusall for wee supose 
theire may be great nede of a Court shortly. 

I can not omit to glue you to vndarstand that M"" Joccellen 
doth trompet abrod that ther ar many discontented in boston 
& to the westAvard about the Kings lettar & I feare it gseds 
from a sperit that faine would rays a facktion amovngst vs 
if not tymly p'vented but I hope that the wisdom & Counsell 
of god is with you or else who knoweth bow great a flame a 
littell tire may kindell all which I Leue to yo'' wise Considar- 
ation hvmbly desiring a spedie answer if it seeme good to 
you by som publick ofBear or othar safe messengar in 
Regard of the season of the yere thus craving pardon for 
my bouldnes to be so larg Comending you all to the grace 
of god evar Resting yo"" faithfull & humble sarvant to 
coiiiand Georg Cleeve 

Falmoth novemb'' 24-G2 



Letter from RicJiard Walderne. 

honored sir Considering the nesisity of some Asistance 
frome you for the County of yorke I make boold to trobell 
you Avith theas lines for your Informacon how the state of 
things stand that soe you may the better know what to doe 
in the Case. 

first when Captin Pike and my selfe Came to the Adjorned 
Court at Yorke we met with Maigor Shaply and m"" Joslyn 
but finding ther sperits very hie wee did littall but my self 



OF THE STATE OF MAINE. 183 

according to the ganerall Court order did Act boath to Read 
the Warrant and gaue the Asocats ther Othes two of them 
Wher vpon m.iigor Shaply did protest agaynst it and sayd 
the Massitusets should haue nothing to doe ther but not- 
withstanding wee partad pecaball) after this I w^as informed 
that M"" Joslin should say that they would try whether the 
iiiasatusets would or durist medell with them for they did 
desier to try their pouer and doe very much Insult ouer 
those that doe sticke Close to the bay which is all most all 
especally the better part and are nnich trobled that maigor 
is let goe on in this manner as he doth for he shelters all the 
quackers that come into our parts and folloeth them wher 
they meate which is not only a disturbour vpon that side 
but also on our side which is but the Riuer betweene : and 
soe they Come into our towne and presently they are gone 
ouer the Riuer and soe his house is the harbor for them all 
and some say he is dictated by the litell Groocked quacker) 
and about 4 days sence the counstabell Kittery hauing a 
warrant to publish at a towen meating according to generall 
Cort order he warning the meeting maigor Shaply sends his 
marshall and Carrith him to york gayle ther to ly to see 
whoe will set him free and therby the peepl are much 
trobled and doe expect some speedy Coorse to be taken by 
your selfe and the Counsell that such proud Insolent sperits 
may be Crushed or elce the good pepell of the Contry and 
those that haue stood Close to your gouerment will be utterly 
vndone and likewise a harbor for all the Rogs in the Contry 
and our towne will be soe disturbed with the quackers and 
others that we shall hardly be at peace : therfor my hunibell 
Request is that you will send for maigor Shaply which may 
esly be done Ijy the Contry Marshall or some other man as 
you shall see most Conuenient : for he with his great words 
puts the pepell into such a feere that they know not what 
to doe, for Just ground for sending for him in part is spoken 



184 DOCUMENTAEY HISTORY 

before but to vnde^'mine the gouerment contrary to his othe 
and engagraent is matter enough to send for him to prison 
but for that I learne, as for ther Comiscon they haue worn 
but some buttons : but say they expect it by euery Ship but 
if thes distractors be let alone it is to be feared will Ruin 
many in ther Estats if not ther souls by thes Eronous persons 
that goe abooad : 

Not elce l)y desiering the lord to prosper your weyghty 
occasans and Remayne your seruant to be Comanded 

Richard Walderne 

Petition of Daniel Goodiuine. 

To the Hono*'^^ the Generall Court of 
the Massatusetts now Assembled 
att Boston/ 
The humble petition of Daniell Good wine Constable 
of Kittery 
Sheweth, 

That w^'as those daly Interruptions w^'with o"" 
County hath beene of late excercized by Escf Goges Coiu- 
issio'"^ relateing to yo"" authority which for severall years 
hath beene settled & peaceably Carried on amongst us (can- 
not but In a greate measure bee knowne to yo"" worships & 
how fare both according to o'" oaths & articles severall of 
us haue opposed y^' authority, &, done o"" best Indeauours to 
mantayne yours, In p'"formance w'of generall distractions 
haue broaken in amongst vs especially referring to those 
that are officers being disinabled from the due execution of 
y'^' places to our Generall p''judice, & my selfe being a 
sworne officer amongst others. In the discharge of my place 
for warneing of Towne meeteing att Kittery to publish the 
Generall Courts order amongst other necessary Occasions, 
was ceazd vpon by James Wiggin y'' prouince Marshall by 
Majo"" Shapleighs order for acting vnder the Massatusetts 



OF THE STATE OF MAINE. 



185 



authority, & putt into yorke Goale w' I must haue Con- 
tine wed to the greate p'juclice of my selt'e & family had 
not Mr. Rishworth or some other Ingagd with mee in a 
bond of one hundred pounds to answere at the next Court 
to bee houlden for this guence/ 

Hono"' Gentleni: these & the like discorageing Injurys 
Inforceth mee to Coniplayne, & craue my security from 
your seines according to your Ingageraent by articles of 
agreement, & as by yo' late Act you require o"" continewed 
subjection, I do desire yo"" p'ection, & Call for yo'" speedy 
siicor & Assistance, to p'vent anie Determent wch otherwise 
may Accrew by my sufierings from these Comissio''' either in 
my pson or estate for pformeing obedience to yo"" authority 
according to my duty, from whom I do Avayte for releife, 
& security vnder yo' pouer (till his Magesty otherwise 
determine, for obtayneing w''of, It is the earnest request of 
yo'' worships humble seruant 

Decemb'" 10 : 62 : to bee Comanded, 

Daniell Good wine 
his marke 



Constable 

Letter to Gov. Endicott 

Goodwine Const of Kittery' letter to 

Gouno'' Endicott 
gducd in Court May 1663 

Sir I haue made bould to Inclose my Addresse foi* 
releife to the Generall Court vnto yo'' worshipe, whose 
furtherance y'"in I doe humbly Craue with as much convcn- 



186 DOCUMENTARY HISTORY 

ient speede as may bee, desireing the Lord to guide you In 
all yo"" weighty atlayres, I take leaue to subscribe my selfe 

Yo'" humble seruant 

Daniell Goodwiue. 



For the right worship" 
>K John Endicott Esq'' Governe' 
^^i$>p of the Mascatusetts Coloney 



Psent. 



Letter from Henry Jocehjn tG others Commissioners 
JVov. 5. 1664. 

Gentlemen 



Our bono :" done vnto you, The pro- 
gresse of the affayres of y'' province of Meyne, being to 
you, as us, well known : 

This application to you, doth Importune yo"" reception of 
these our trusty & well beloved, Collonell Archdayle, and 
Mr Francis Hooke, whom by espetiall coiuand & Instruction 
wee haue Chozen ; for the seruice of his Sacred Magesty, 
aiid our Ld Proi)rietor Fardinando Gorges Esff, to tender 
vnto you a gratious order from his sd Magesty, humbly 
Attended with a Letter from the sayd Fardinando Gorges 
Esq"" which wee hope, & pray, to you may bee very Accep- 
table, & by you duly responded : Further requesting In the 
name of our selues, & the people of the s'' province, your 



or THE STATE OF MAINE. 



187 



Courteous & peaceful disceadure from further comanding vs 
& them, which wee hereby & truly resolue, no way resistiue 
to the proecedent articles by your selues Concluded, & 
further know our selues (as hath beene publist by an Ime- 
diate order & command from his Sacred Magesty bound to 
yeild our obedience to the sd Fardiuando Gorges Esq'' : For 
Avhich in soe doeing, wee shall Ingage all Attendency to 
Neighborhood, & all amical)le seruice/ 

Sii- — your freinds & Servants/ 
Dated this 5"^ of Novemb"" 
: 1G64: 

Henry Jocelyn. Com 

John Archedale Com 

Robert Jordan comr 

Edw : Rishworth ('oiinsso'" 

flVan Raynes Comis 

Tho Withrs Corns'" 



Protest against the Gov^ & Council of 3Iassachuselts inter- 
meddling ivitlt the Government of the Province of Maine. 

Nov. 5. 1664. 

Whereas his Gratious Majestie King Charles y*' Second 
hath beene pleased to confirme l)y his Immediate order v^ito 
fterdinando Gorges Esq'", y*^ Government & territories of y® 
province of Maine for Ever, & to Command a resignation 
from all persons vsurping y" foresaid Government, whereof 
AVee are Commanded to giue signification : AVee Do 
therefore giue notice to all persons of y'^ vnlawfull- 



188 DOCUMENTARY HISTORY 

ness of any such Act, more gticularly to y® Governor & 
Councell of y'' Massacbusets Colonic ; protesting against 
their intermeddling w*"' y*' government threof, as they will 
answer y'' Contrary att his Majesties indignation, w'^'^ is done 
in y^ name of Ferdinando Gorges Esq"" Sole Proprietor there- 
of, & declared so to bee by y® forememtioned Act of Grace : 
for y" proof & in y" Mayntenance whereof wee do Appeale to 
his Majesties honorable Commissioners Colonell Richard 
Nicols, S"" : Rob* Carr Georg Cartwright Esq"" Samuel Maver- 
ick Esq"" : from whome wee shall expect equall Justice 
Dated y^ : 5"' Novemb'' : 



1664 



ffran : Champernown Com 



Henry Jocelyn 


Coiiiss 


John Archedale 


Commir 


Robert Jordan 


Comm 


Edw : Rishworth 


Comisso® 


ffran: Raynes 


Comisr 


Tho Withrs 


Coiiir 



Ansicei' to Letter from Henry Jocelyn & others. 

At A Councill called by the Gouerno"" Cap*. Gookin m'' 
Russell & m-- Lusher & held at Boston the 30"> of 
Nouember 1664. 

In Answer to a letter Directed to the Gouerno'' & council 
from Henry Jocelyn Esq"" m'' John Archdale m'' Rol^ert Jor- 
dan m'' Edward Rishworth &c on the behalfe of fferclinando 
Gorges Esq"" for the surrender of the Province of Maine to 



OF THE STATE OF MAINE. 189 

the said m"" Gorges or his Comissione" according to his 
Majesties pleasure signified in his letter bearing date the 
ir" of June 1664. 

The Council assembled declare that the lands conteyned 
in the County of Yorke by them called the Province of 
Maine, were & are claimed as part of the Patent graunted 
to the Massachusets which Patent preceds the Patent granted 
to S"" IFerdinando Gorges and therefore the council may not 
give vp the Interest of the Colony w^'out the consent of the 
Generall Court, who wee doubt not will be ready to Attend 
his Majesties Order in taking their first oppertunity to give 
his Majesty their reasons for theire so clayming.// 

And further the Council doe declare that they haue good 
reason to believe, that his Majesty haue binn misinformed 
concerning this matter, & that ou"" messenge'' to his Majesty 
haue been misrepresented or mistaken. Wee having neuer 
vnderstood from them any such concessions, as are related to 
be made by them nor were they comissionated to act therein./ 

And doe also further declare that no Comissione" ought 
to excercise and Gouernment in Yorkshire, or Province of 
Maine so called by virtue of any Comission from ra' Gorges ; 
nor any the Inhabitants yeeld obedience, countenance, or 
asistance, to any such comissioners but ought to continew 
in their subjection to the Massachusets according to the 
present establishment of Gouernment amongst them :/ 

His Majesty having declared his pleasure that the Massa- 
chusets Colony shall haue liberty to vindicate their right, 
by rendring his Majesty the reasons of their claime before 
any absolute injunction of their surrender; the oequity 
whereof some of the principall Inhabitants of the said place 



190 DOCUMENTARY HISTORY 

haue before conceded vnto, as may appeare by their articles 
by them signed & therefore If any evill & Inconvenience 
shall fall out by the Interposition &, Interuption of any of 
the abouesaid Comissione's they must be accounted the 
autho'"s thereof & expect to be accomptable to his Majesty 
for the same. 

By the Council Edward Rawson Secret 

That this a true Copie Compared w*"' the originall act of 
the Council : 

Attes' Edward Rawson Secret. 



Duke of York's Patent. 1664. 

Charles y'' Second 1)y y'' Grace of God, King of England 
Scotland France & Ii-eland, Defender of y'^ faith &c. To all 
to whome these p'sents shall come Greeting. Know yee y' 
wee for divers good causes & consideration haue of o"" special 
grace certaine knowledge & meere motion given & granted, 
& by these p'sents for us o'" hey res & Successors Doe give 
& grant vnto o" dearest brother James Duke of Yorke his 
heyres & Assignes, All y' part of y® maine land of New 
England begining at a certaine place called or knowne l)y 
y*' name of S' Croix next adjoyning to New Scotland in 
America, & from thence extending along y° sea coast unto a 
certaine place called Petnaquind or Pemaquid & so up y'^ 
riue'' y' of to y*^ farthest head of y'' same, as it tendeth 
northwards & extending fro y'^ river of Kinebeque, & so up- 
wards by y" shortest course to y*^ river Canada Northwards, 



OF THE STATE OF MAINE. 191 

& all y* Island or Islands comonly called by y° several name 
or names of Matawacks or Long Island, scituate & l)eing 
towards y'' west of Cape Cod, & y'' Narrow- Hig-g:insetts, 
abutting vpon y'^ maine land betwcene y'' two rivers y"" called 
or knowne by y" several names of Connecticutt & Hudsons 
River, together also witn y*^ sd river called Hudsons river, 
& all y® land fro y"^ west side of 3^e Connecticutt river to ye 
east side of Delaware bay, And also all those several Islands 
called or knowne ))y 3^*^ names of Martin vineyards & Xan- 
tukes otherwise Nantuckett, together Avith all y° lands 
Islands soyles rivers liarl)ors mines minerals quarryes woods 
marshes waters. Lakes ffishings hawking hunting & fowl- 
ing : & all other Royalties proffitts couiodityes & hereditam^* 
to y'' s'' several Islands lands & p'misses belonging & apper- 
taining with their & every of their appurtenances, & all our 
Estate Right, title & Interest benefit & advantage claime & 
demand of in or to y° s'' Lands or p''misses or any part or 
parcel thereof, & y® reversion & reversions remainder & 
remainders together with y*" yearly & other Rents revenues 
& profits of y'' p'misses & of every part & pcell y'of. To 
Have and to Hold all & singular y*" s'' lands & p""misses w^ith 
their & every of their appurtenances hereby given & granted, 
or herein given & granted, or herein before mentioned to 
be o-iven & granted unto o' s'' dearest brother James Duke 
of Yorke his heyres or Assignes for ever. To be holden of 
us o'' heyres & Succsssors as of o'" manno"" of East Greenwich 
in o'' County of Kent in free & coinon soccage & not in capite 
or by Knights service, yielding & rendring ; And y'' s'^ 
James Duke of Yorke for himselfe his heyres & assignes 
doth covenant & promise to yield & render unto Us o' heyres 
& successors of & for y^ same yearly & every yeare forty 
beaver skins when they shall be detnanded, or within ninety 
dayes after such demand made. And we do further of o"" 
special grace certain knowledge & meer motion for Us o"" 



192 DOCUMENTARY HISTORY 

heires & Successors giue & grant unto o"^ s*^ dearest brother 
James Duke of Yorke his heires Deputy es Agents Comis- 
sion'' & Assignes by these p'sents full & absolute power & 
Authority to correct punish pardon governe & rule all such 
y® subjects of Us o'' heires & Successors or any other gson 
or gsons as shall fro time to time adventure y'^selues into 
any y*" partes or places foares*^, or y' shall or doe at any time 
hereafter inhal)it within y'-' same according to such lawes 
orders ordinances direcco^ & lustrucco- as by (f b'^ dearest 
brother or his Assignes shall be established ; And in defect 
thereof in cases of necessity according to the good discre- 
tions of his Deputyes Comission""', Officers or Agents re- 
spectiuely as well in all cases & matters capitall & criminal 
as Civil Marine &, others, so alwayes as y® s'^ Statutes ordi- 
nances & proceedings be not contrary to, but as neere as 
may be agreeable to y® lawes statutes & Go verm' of this o" 
Realme of England ; And saving & reserving to us o'' heires 
& successo''^ y*^ receiuing hearing & determining of y® 
Appeale & Appeales of all & or any gson or gsons of in or 
belonging to y*^ territoryes or Islands afores*^, or touching 
any Judgui' or sentence to be there made or given, And 
fiirthe y' it shall & may be lawfuU to & for o"" s*^ dearest 
brother his heyres & assigns by the p''sents from time to 
time to nominate make constitute ordaine & Contirme such 
lawes as afores'' by such name or names, stile or stiles 
as to him or them shall seeme good ; And likewise to 
revoake discharge change & altei', as well all & sin- 
gular Governo""^ Offices & Ministers which hereafter shall 
be by him or y™ thought titt & needfull to be made or 
used within y" afores^ Islands & parts And also to 
make ordaine & establish all manner of lawes orders direcco* 
Instrucco' formes & Ceremonyes of Goverm^ & Magistracy 
fitt & necessary for & concerning y^ Goverm* of y^ Terri- 
toryes & Islands afores'', so alwayes as y® same be not con- 



OF THE STATE OF MAINE. 193 

trary to y- lawes & statutes of this C Kealme of England, 
but as neer as may be agreeable therunto & y^ same^at all 
tiiues hereafter to putt in Execution or abrogate revoake 
or change, not only within y« j/cincts of y« s" Territoryes 
or Islands, ])ut also upon y- seas in going & coming to & 
fro ye same as he & they in their good discretions shall 
thmke fittest for y« good of y^ Adventurers & Inhabitants, 
And we do further of o'" especial grace certain knowledge & 
meer motion Grant ordaine & declare That such Governo- 
Deputyes Ofl3cers & Ministers as from time to time shall be 
authorized & appointed in manner & forme afores" shall & 
may have full power & authority within y« territory afores^^ 
to use & exercise Marshall law in case of rebellion Insur- 
reco & mutiny in as large & ample manner o' Lieu'^ in o^ 
Countyes within o^ Realm of England haue or ought to 
haue by force of their Comissio of Lieutenancy or any law 
or statue of this o-" Realme, And we do farther by these 
p'-sents for us or heires & successors grant vnto o-" s^' dearest 
brother James Duke of Yorke his heyres & Assignes y^ 
it shall & may be lawfull to and for y« s^ James Duke of 
lorke his heires and assigns in his or their discretion 
fro tmie to time to admitt such & so many pson & 
psons to trade & traffick into & within y^ Territoryes 
& Islands afores'^ & into every or any part or parcell 
therof, & to haue possess & injoy any lands & hereditam*^ in 
the parts & places afores^ as they shall thinke fitt, according 
to y^ lawes orders constitutions & ordinances by o^ .? 
brother his heyres Deputyes Comission- & Assignes from 
tnne to time to be made & established by virtue of & accord- 
ing to y^ true intent & meaning of these p'sents & under 
such conditions reforaco & agreem^^ as o^ s^' dearest brother 
his heires & assignes shall sett downe order direct & appoint 
& not otherwise as afores<'. And we do farther of o^ 
especial grace certain knowledg & meer motiC for us Or 

heires & successors giue c^ grant vnto o' s^ dearest 
13 



194 DOCUMENTARY HISTORY 

brother his heires & Assignes by these p^'sents that 
it shall & may be lawfull to & for him thein or any of them 
at all & every time & times herafter out of any of o'' Realmes 
or Dominions whatsoever to take lead carry & transport in 
& into their voyages for & towards y*^ plantaco of o"" s'^ Ter- 
ritoryes & Islands afores'' all such & so many of o"" loving 
subjects or any other strangers l)eing not prohibited or 
under restraint, y' will become o' loving subjects & Line 
under o"" Allegiance & shall willingly accompany them in y'' 
s"* voyage together with all such cloathing Implements fur- 
niture & other things usually transported & not prohibited 
as shall be necessary for y'^ inhabitants of y* s** Islands & 
Territoryes & for their use & defence therof, managing & 
carrying on y® Trade with y^ people there & in passing & 
returning to & fro, yielding & paying to Us o'" heires & suc- 
cesso*"' y^ Customes & dutyes therefore due & payable ac- 
cording to y® lawes & customes of this o'' Reahne. And 
we do also for us o'' heires & successors grant to o'' s*^ 
dearest brother James Duke of Yorke his heires & Assignes 
& to all & every such Governo'' or Governo''^ or Deputyes 
their officers or ministers as by or s*^ brother his heires or 
Assignes shall be appointed to haue power & authority of 
Goverm* or coinand in or over y*' Inhabitants of y^ s*^ Terri- 
toryes or Islands, y* they or every of them shall & lawfully 
may fro time to time & at all times for ever herafter for 
their several defence & safety encounter, repulse &. repell & 
resist by force of Amies (as well by sea as by land) & all 
wayes & meanes whatsoever all such pson & psons as witout 
the special license of o'' dearest brother his heires & Assigns 
shall attempt to inhabit within y^ several p''cincts & limitts 
of o"" s*^ Territoryes & Islands, And also all & every such 
gson & psons whatsoever as shall enterprize & attempt at 
any time hereafter y* destrucco invasion detriment or annoy- 
ance to y* parts places or Islands afores'', or any part therof, 
And lastly o'" will & pleasure is & we do hereby declare & 



OF THE STATE OF MAINE. 195 

grant, That these o'" Letters Pattents or y® enrohiient therof 
shall be good & effectual in law to all intents & purposes 
whatsoever Notwithstanding y^ not well & true reciting or 
mentioning of y® p''inisses, or any part therof, ory® limitts or 
bounds therof, or of any former or other Letters Pattents or 
grants whatsoever made or granted or of any part therof by 
Us or any of o'' progenitors unto any any gson or psons 
whatsoever, Bodyes politick or corporate, or any law or 
other restraint Incertainly or impfectio whatsoever to y* 
contrary in any wise notwithstanding. Although express 
mention of y** true yearly valine or certainty of y® premisses 
or of any of them, or of any other gifts or grants by Us or 
any of o"" progenito" heretofore made to y*" s'' James Duke of 
Yorke in these p''sents is not made, or any Statute act ordi- 
nance provision proclamatio or restrictio heretofore had 
made enacted or provided or any other matter cause or 
thing whatsoever to y" contrary therof in any wise notwith- 
standing. In Testimony wherof we have caused these o'" 
Letters to be made Pattents wittness o'' selfe at Westminster 
y? 29"^ day of June in y® 26*'' year of o"" Reigne 

Pigott 
A true Coppy Examined by me 

Matthias Nichols Secr^. 



Nova Scotia. 
Extract from sever all pieces relating to the title to JSTova Scotia. 

That Mons*^ de la Tour first discovered that country near 
60 yeares agoe and built for his owne habitation the place 
called St Johns Fort upon ye River of St Johns. 

Mon' de la Tour coming into Scotland engaged Sir William 
Alexander then Secretary of State to King James to support 
his right in it and for that end to take part of ye interest 
and in order thereto Sir William Alexander obtained a grant 



196 DOCUMENTARY HISTORY 

of it from K. James — 1621. This Grant was by K. Cli. I. 
conferred on Sir William Alexander (now Earle of Sterlin) 
1625 

In the yeare 1630, ye Earl Sterlin for Consideracons 
Conveyes part of Nova Scotia to M"" de la Tour w"' right of 
a Marquesat &c., and this was confirmed under ye Great 
Seale of Scotland 

In ye yeare 1632 ye Earle of Sterlin at ye Kings persua- 
sion did (inter alia) surrender into the hands of the French 
by virtue of y"' treaty of that yeare Fort Royal which was 
not Contained in his grant to la Tour for which surrender 
ye K. gave the Earle a Privy seale for 10.000' issueable out 
of ye revenue of Scotland which sume was never paid ye 
Earle, And hense arrises ye pretencoiis of ye Earles widdow 
married to Coll. Blount and of ye Earles heires (Daughters 
and Sons) In ye Earles right came in S"" Lewis Kirke M"^ 
Francis Barkley Sc"^ who bestowed vast suiues in planting 
that Country upon Contract w"' ye Earle, and who having 
upon the same Treaty surrendered their interest to the 
French for 60,000' sterling which was never satisfied hy 
the French Kirke and Barkley thinke they have an equita- 
ble pretention in this matter. After the yeare 1632 ye 
French that were in possession of Fort Royal make warre 
upon La Tour at St Johns Fort whereby La Tour was con- 
strained to goe to New England for succour for obtaining of 
wdiich he mortgaged his Fort of St Johns to M'' Gibbous, 
but when La Tour returned ' to Nova Scotia he findes ye 
French under one Dobry had seized his Fort St Johns and 
comitted severall other outrages, of this he complaines to 
the King of France who disownes the action and gives La 
Tour a power to seize Dobry wherever he findes him in order 
to satisfaction. 

La Tour returning to Nova Scotia findes Dobry dead and 
marrying his widdow enters into possession of Port Royal 
which he now holds Ijy that right. 



OF THE STATE OF MAINE. 197 

Att the lenofth viz 1655 Sedo-ewicke haveino; a desio;ne of 
attempting Something in America, upon ye Duch Manadons, 
and the peace w"" Holland having diverted him ; turns with- 
out order his force upon ye French in Nova Scotia, seizes la 
Tours Fortes and brings himselfe prisoner to Cromwell, but 
Cromwell thought fitt to restore that Country to La Tour 
and Avith him (upon Articles agreed between them) to Tho* 
Temple & William Crowne by a deed in August 1656 and 
soe it remained when ye King returned — It may be doubted 

fin which Prince ye Right of Souver- 
J aignety and ye propriety is, ye King of 
England, or ye French King. 

2. If in his Ma*^ and his subj*' then 
whether in Temple, & Crowne &*=, by 
Cromwells grant or what pretencons 
are to be allowed 

^'\^f i for their 60,000^ &« 
Barkley \ 

i 2 Gibbons for his mortgage 

3 Ea Sterlins heires &° for their 10,000' 

Nova Scotia 

A qucere whether it belong to ye French King or his 
ma*y ; and In what hands it hath been since the first discovery 
thereof by Mon*'' de la Tour, in 1605. 

A)i Account of Nova Scotia 

Nova Scotia or Arcadia (as the French call it) was dis- 
covered by the English unto ye river Canada in the reign 
of Henry the seventh further discovered in 1535 : in Q Eliz- 
abeths Reigne see — Hackluyts 3 volume & Purchas his 
pilgramage eighth Booke 

In 1627 & 1628 there happened a war between France & 
England Sir Lewis Kirke John Kirke and partners and Sir 



198 DOCUMENTARY HISTORY 

William Alexander sent severall ships thither and surprised 
ye French ships sent with provisions to strengthen it and 
after wardes, Port Roy all Fort Quebec Cape Breton and 
severall other places. 

Afterwards viz On 24"- April 1629 acts of hostility were 

to cease, and all taken two months after that to be restored 

to ye great damage of Kirke &" March ye 29*'' 1632 By an 

article of agreement Arcadia Canada Port Royal Fort 

Quebec and Cape Breton was to be delivered to ye French 

the French King to pay 4436' to Sir Lewis Kirke l)y Du 

Cape a Frenchman who was protected by ye French King 

that he could not be compelled by Courts of Justice to pay 

ye same. The king our Souveraign did not intend to quit 

ye title but ye 11"' May 1633 on consideration of 50,000' 

charges ye Kirkes had been at in Surprising Quebec and 

other places on ye River of Canada which before were 

under ye French King and in regard of the obedience of 

Kirke in complyance with ye treaty did by patent of ye 11*'^ 

May 1633 grant unto Lewis Kirke ye sole trade into the s*^ 

river Gulf lakes and adjacent islands and continents on both 

sides ye s" river for 31 years. In February 1633 Kirke set 

out a ship called ye Mary Fortune bound to ye river Canada 

(there being peace between England and France, where 

shee traded a month and the Bon-contempt vice admiral 

over powering her brought her to Diepe where shee and her 

lading were confiscated being worth 12000'. 

The complaint for this Ship & ye .4436 being continued no 
redress was granted. 

In 1654 Cromwell in hostility with ye French Armed out 
a fleet which seized on Port Royal Fort St John Pentagout &*^ 

Nov'' ye 3** 1655 the French waived their claim as to the 
present Restitution of those places but referred the decision 
of that and other diflerencies to Arbitration. 

1. Acadia lyes between 42 & 45 of North latitude iuclud- 
ing the great rivers of Canada which contains ye gulf of St 



OF THE STATE OF MAINE. 199 

Laurence which at ye Entrance is 22 leagues broad and ex- 
tends itself 800 miles west and by South into many great 
lakes lying on ye backside of the English plantations it may 
therefore concern his Ma'^ to keepe ye place demanded by 
ye French Ambassadors and to plant colonies up and down 
Canada and Nova Scotia 

2. It is fertile in corne & pasturage 

3. It is stored with comodities supply ed by ye sound as, 
pitch, tarre, hempe, masts, timber furres, which single trade 
brmg great revenue to England and other advantages besides 
copper and other mines. 

4. The reducement of it under his majesties Dominions 
will divide America with ye Spaniard and unite all our plan- 
tations, between which ye French do now interpose and if 
not timely prevented Avill give them an advantage to destroy 
ye trade of scale, whale, cod & morse fishing which though 
plentiful is ye least thing considerable and by degrees make 
them al)le to infest our said plantations and disturb our nav- 
igation in those seas and perchance Arme ye Indians against 
us. 

An account of Nova Scotia etc 

Memorial of the French Ambassadors about the restitution 
of part of Acade to Mon le Borgne. 

Read in Council 27^'' Novr. 1661 

In the year 1628 the French king granted the province of 
L'accadie to the company of New France, forbidding in the 
said grant all persons of what quality soever to trafficque 
with the savages by way of Trucke for Skinns, which is all 
the product and commerce of that Country 

In 1657 the Company of New France nominated unto the 
King Sieur L'Borgne to be Governor of the said province, 
whereupon the King gave him a commission to comand there 
in that quality and renewed his prohibitions concerning the 
trafficque & trucke aforemenconed 

Contrary whereunto in August 1661 an English Barque 



200 DOCUMENTARY HISTORY 

of 15 or 16 tunn was met with in the Port of La Heue 
(which is in the midst of the said province) hiden witli 200 
beauer and 60 other skins, gotten by Trucking and with 
other coraodities intended for the continuance of that traf- 
ficque, In this condicon the vessel was taken by the said 
Sieur Le Borgne his son (the Kings Lieutnt in his fathers 
absence) and thence brought into France ; where the Court 
of Admiralty desiring to proceed against seven of the 
ships Company according to the extremity of the hnvs, 
and to that end having imprisoned them, the Said Sieur Le 
Borgne consented to their enlargement whereupon they 
were set at liberty. The said Sieur le Borgne being now 
in London by order from the king in the French Ambassa- 
dors family to wait an issue of his sollicitations with the 
King of Gt Britain, for restitution of a part of LAccadie 
usuped by the English under an illegall Government and 
upon pretent of a surepetitious grant from Ol. Cromwell 
against all right Sieur Bataille, secretary of the French 
Embassy doth in the Ambassadors absence desire that seeing 
the justification of the said prize depands upon that regula- 
tion which is expected concerning the said Restitution, the 
King of Gt Britain would l)e pleased in the mean time to 
suspend and surcease all orders that may be required against 
the said Sieur Le Borgne by the owners of the foresaid 
Barque, forasmuch also as he offers to give security not only 
to the value of the said prize but of all the others taken by 
/the French from the English as offenders against the foresaid 
prohibicons, In case the said restitucon be not adjudged to 
be made provided that at the same time those that shall 
appeare as parties do offer and do the like for the prizes 
which will be proved to have been unduly taken from him 
and the French in the said province by any of his ma*^' of Gt 
Britain his subjects 
London December 3 

new style 1661 
French Ambassador Concernin<2: L'Accadie 



OF THE STATE OF MAINE. 201 

State of the Colony of Kenebech from the Comission^^ of 
New England 

1665. 

On the Xorth East side of Kenebeck River (which is the 
bounds of the Province of Mayn) upon Shipscot River; & 
upon Pemaquid, eight or ten miles asunder, are three small 
Plantations belonging to his Royall Highness ; the biggest 
of which hath not above thirty houses in it & those very 
meane ones too &. spread over eight miles of ground at least 
These People for the most part are fEshermen, and never 
had any Goverment amongst them, most of them are such 
as have fled hither from other places to avoid Justice ; Some 
heere are of opinion. That as many men may share in a 
woman, as they do in a Boat, And some have done so. 

The Comiss''^ for necessity sake have apointed the best 
whom they could finde in each place, to be a justice of 
Peace & have ordered three of those Justices of the Peace 
in the Province of Mayn who live next to them to joyn with 
them in holding of Sessions till further order be taken. 

In these parts are the best white Oakes for Ship Timber. 
All the Lands granted to his Royall Highness in these 
Northern parts of New England except these three Planta- 
tions, are also granted to Sir Tho : Temple in y® Patent of 
Nova Scotia. 

Report of George Cartwright one of the King's Commis- 
sioners respecting the New England Colonies, and place it 
before the " State of the Colony of Kenebec." 

My Lord. 

As in duty bound, I humbly present to your Lord- 
ships view this brief relation of the actings of the Commis- 
sioners in New England & of each Colony by it selfe. The 
papers by w"^"^ all this & much more might have been demon- 
strated were lost in obeying his majesties commands, by 



202 DOCUMENTARY HISTORY 

keeping company with Cap : Pierce who was ladened with 
masts. For otlierwise in probability we might have been in 
England tenne dayes before we mett the Dutch Capn, who 
(after we had defended our selves two howers) took flight, 
& landed in Spayn. 

Your Lordships 
For the R^ Ilonb^® most humble servant 

The Lord Arlington Geo : Cartwright 

Principall Secretary of State. 



Orders d'c of the Commissioners June 23. 1665. 

By the Kings Comissione's for Setling tlie 
afiaires In New England. 
Wee havini*: seene the seuerall Charters o^ranted to S"" 
fferdinando Gorges & to the corporation of the Massachusets 
bay, & having receaved Seuerall petitions from the Inhabi- 
tants of the Province of Maine, which is layd claime vuto 
both by the heires of the said S"" fl^erdinando Gorges, & 
the said Corporation ; In which petitions they desire 
to be taken into his Majesties imediate protection, & 
government, having considered that it would be of 111 
consequence, if the Inhabitants of this Province should 
be seduced by those of the Massachusets bay, who haue 
already by Sound of Trumpet denyed to submitt them- 
selues to his Majesties authority, which by Comission vnder 
his great Scale of England he hath been pleased to entrust 
us with, looking vpon themselues as the Supreame Power in 
these parts, contrary to their alleagiances & derogatory to 



OF THE STATE OF MAINE. 203 

his Majesties Soueraignty, & being desirous that the Inhabi- 
tants of this Province may be at peace among themselves, 
& free from the contests of othe's, & the Inconveniencies 
which thence must neceassrily ensue, to the end they may 
be so ; wee by the power given us by his sacred Majesty 
vnder the great scale of Enghind, doe by these presents 
receive all his Majesties good subjects living within the 
Province of Maine, into his ^Majesties more Imediate protec- 
tion & Gouerument, And by the same power & to the end 
this province maybe well Gouernned, wee doe hereby nomi- 
nate & constitute, m"" Fran : Champcrnoone, & nf Robert Cutt 
of Kittery, m"" Edward Johnson, & m"' Edward Eishworth 
of yorke m"" Samuell Whelewright of Wells, m*" firan : 
Hooke, & m" William Phillips of Sacoe ; m^' George Munjoy 
of Casco, m'' Henry Jocelyn of bla : point m'' Robert Jordan 
of Richemond Island, & nV John WincoU Newgewanacke, 
Justices of the peace. 

And wee desire, and in his Majesties name require them 
& euery of them to execute the oflSce of a Justice of peace 
within the Province of Maine, And wee heereby Authorize 
& Impoure m"" Henry Josslin, & m"" Edward Rish worth Re- 
cor or either of them, to administer the oath vnderwritten ; 
(which themselves haue taken before us to all the forenamed 
Gentlemen, who haue not taken it, before they shall act as 
Justices of y* peace :/ 

And wee hereby give power & authority to any three, or 
more of the aboue named Justices of the peace, to meete at 
Convenient times & places, as heretofore other magistrates 
haue mett, or as they shall see most convenient & there to 
heare & determine all causes both civil & crirainall, to order 
all the afiaires of this said Province, for the peace, safety & 
defence thereof, proceeding in all cases according to the 
lawes of England, as neare as may be & thus to doe vntill 
his Majesty will please to Appoint another government. 



204 DOCUMENT AEY HISTORY 

And In his Majesties name wee require & comand all the 
Inhabitants of this province to yield obedience to the said 
Justices, acting according to the law of England as neare as 
may be. 

And In his Majesties name wee forbid as well the Comis- 
sione""^ of m"" Gorges, as the Corporation of the Massachusets 
bay, to molest any of the Inhabitants of this Province w**" 
their pretences, or to execute any Authority within this 
Province vntill his Majesties pleasure be further knowne, 
by virtue of their p^'tended rights. 

Given vnde"" ou^ hands & seals at Yorke within the said 
Province the 23'' Day of June in the seventeenth yeare of 
the Reigne of our Soverraigne Lord Charles the 2"'' by the 
grace of God King of England Scotland France & Ireland in 
the yeare of our Lord God 1665 

Wee also desire all who lay claime to any land in this 
Province by Paten'* to haue them forth comeing by this 
time twelve month.// 

Rol/t Carr 
George Cartwright 
Samuell Mauericke 

You shall sweare, that as Justice of the peace in the 
Province of Mayne, yow shall do oequall right to the poore 
& rich : after the Lawes & Customes of England, according 
to your Cunning, witt & power, & you shall not be of any 
quarrell hanging before you, you shall not let for gyft or 
other cause but well & truly you shall doe your office of 
Justice of the peace, So help you God &c 

Robe^'t Carr 
George Cartwright 
Samuell Mauericke 

A true Copy of this comission & oath aboue written tran- 
scribed out of the originall & therewith Compared this 4"' 
day of June : 1665 p Edw. Rishworth Re : cor : 



OF THE STATE OF MAINE. 205 

That this is A true Copie compared w*^ the originall Copie 
so signed by y"" said Edward Rishworth Recorde'" Attest 

Edward Rawson Secret 



Warm7it. 

Capt Champ'"noone &, m' Jocelia warr' to Inhabit of York 
21. June 1G65 

Thease are in the Kinges Name & by Authority from him 
to fFnrdinando Gorge Esq"^ to will & requrure y" to Sumons 
all the Inhabitants of you'' Towne to app"" by too of the 
clocke to morow in y® Afternone before Right honourable S"" 
Robert Car Knight Coronell George Cartwrit and Samuell 
Mauerick Esq"" to hear the publication of A Comision from 
ou"" S"rin Lorde the Kinge Intrusted to them for y'' Regula- 
tion of all y*^ afaiares in New England as y" will Answa'' y^ 
Contempt hearof at you'' perrell & this is thayer Ordar 
giuen vndar hand this 21''' of June 1GG5 

firan : Chomparnone 
Henry Joreslin 
Comision""/ : 
To Henry Saiward 
Constable of Yorke 
Alice Gorgiana or his 
Debputy 

To his much Respected 
frind M'' Thomas Danford 
theas present 



206 DOCUMENTARY HISTORY 

Commissioners for settling of the Eastern parts. 

The Deputyes baue nominated & doe hereby desire that 
o*" Hono''* niagis*^ M'" Thomas Danforth majo'' Eliazur Lusher 
& majo'' Gen" Leverett may be empowred by Coinission 
according to former vote for settling of the easterne pts 
Craueing the Conciirrance of o'' Hono''^ magis'' herein 
3^ : 6 : 1665 William Torrey cleric. 

The magistrates consent herevnto provided that the words 
[according to former vote] be left out & doeth order that a 
full & Ample Coniission for the ends aforesaid be forthwith 
drawne// their brethren the Deputyes hereto Consenting 

4 AuiTust. 1665 Edw. Rawson Secret 

Consented to by the Dep'' 

William Torrey Cleric. 



31ittimus 

John Parkur his Mag*^ Goiell att Yorke 
Wee haue hearwitall sent yo''' Peter Weare whom in his 
May*^ name wee doe command yo" safly to kep in you'' 
Custedy & safly Indurans vntell thens he be Deliuered by 
y® lawfull Athorrity settelled in this prouince wharof faille 
yo" not att you'' pell giuen vndur our hands Aprell : 17, 1667 

Edward Rushworth 
ffrancis Champurnone 
A Coppy of my Cum*t 



OF THE STATE OF MAINE. 207 

Letter from Nic: Sltapleigh 

Kittrey the 14"^ of Mail 1GG7. 

Honoured in the Lord 

Whereas I haue Receiued a pattent from the hands of 
Collonell Richard Nicolls appertaineing to the heires of Cap*^ 
Jn° Mason Deceased with what therein is Contayned Au- 
thenticated vnder the hand and Scale of ifrederick Ixen 
Sole Notary and Tabellion publick to & for o"" King and 
although power of Gouernment be therein granted yet will 
not presume to meddle therewith, but onely in point of 
rio;ht to the Lands therein Menconed w'='' I thought meete to 
acquaint you with as I haue the Neighbouring Townes within 
the Limniitts of the s*^ pattent and should haue Signified 
the Same vnto this Court erre this time had there beene 
such an oppertunity as now, not douliting but you will doe 
right herein as formerly to others in like Case that the Lands 
may not be disposed of at the will and pleasure of others 
without the probacon of the proprietor or his agents w""'* 
pattent and power sent mee was shewen to Cap' Walden 
and shalbee Exhibited to the view of any person or persons 
that you shall appoint to perruse the same a Coppie of w*^"^ 
pattent is now Extant in the hands of yo*' Secrettary w'''' I 
hope may Suffice yo"" for present all w*^*^ desire you will 
acsept of in loue though in plainenesse and Retourne in 
answer that w'^'' in yo'' wisdom shall Judge Requisite to 

Yo"" neighbour & ffriend 

Nic : Shapleigh 



Deed, Richard Vines to Tliomas Withers. 

This Deed Made The Twenty day of March 1644 
Betweene Richard Vines Stuard Generall for S"" ffcrdinando 
Gorges in the Provynce of Mayne on the one party And 



208 DOCUMENTARY HISTORY 

Thomas Withers of Piscaton the other party WITNESSETFI 
Know ye therefore that I Richard Vines stuard generall 
afores*^ Have l)arga3aied and sold unto Thomas Withers for 
and in consideration of tenne pounds starling all ready paid 
unto me Richard Vines by the said Thomas Withers and 
other good considcracons me hereunto especially moveing a 
certa3me Tract of Vpland and meadow contayneing Six 
hundred acres lyeing and being att the head of Spruce Crick 
att the Marsh where the said Thomas Withers have formerly 
beene possest of hy iif Thomas Gorges and made use of 
bounded with two other Cricks one on the Easter side and 
the other on the Wester side untill the said Six hundred 
acres bee accomplished with all the tymber and priviledges 
which belongeth thereunto for the onely use of hee the said 
Thomas Withers his Heires Exec''s adms and Assignes for 
ever YEELDING and paying yearely unto S"" fferdinando 
Gorges or his Assignes live groats a yeare if demanded on 
the Twenty Nineth day of September And- furthermore I 
the said Richard Vines stuard generall for S"" iferdinando 
Gorges doe ratify and confirme all the said p'misses unto 
the onely use and behoofe of he the said Thomas Withers 
his Heires and Assignes for ever In Witness whereof I have 
hereunto sett my hand and seale the day and yeare above 
written. 

Rich Vines (his seal) 

Sealed signed and delivered 
in the p''sence of us 

William Waldron 

the mark of 
Alexander Jones 

Vera Copia of this Instrument above written 
entred in the Records of the Provynce of 
Mayne this 7'" June 1666 

jj Edw Rish worth Re : Cor: 



OF THE STATE OF MAINE. 209 

W^'as some scruple seemeth (amongst some to 
arise) about the validity of this Grant w*''in 
written made by m'' Richard Vines unto 
Thomas Withers upon what former experience 
we have had of M'' Vines his hand and his 
usuall manner of makeing Grants doe conceive 
and adjudge this Instrument within written to 
be a good sufficient grant signed and given by 
M-- RicM Vines unto Thomas Withers. Wit- 
nessed by o"" hands June 1667 

This Deede I doe approve of to be the Act 

and Deede of M" U"^ Vines Witnes my 

hand 

July 13"' 1667 Henry Jocelyn 

Edward Johnson 

Deposition 

The Deposicon of Alexander Jones Saith that this Deede 
of M"' Richard Vines that he made to Thomas Withers for 
his land in the Spruce Crick that William Waldron and this 
Depon' were Witnesses unto was made att M""** Linns where 
she now dwells and that the bounds on the Easter side of 
the Crick did begin at the Easter Crick att a nee of land 
called Pine point and soe on the Wester side of the crick it 
beginneth at the Wester crick that goeth in West at Eagle 
point marsh and soe upp along the Crick as the Deede doth 
expresse and sworne by the scl Jones before us. 
Att a Court held at York Henry Jocelyn Justice Peace 

8'^r ^e 4th 1(5(37 Edward Johnson Comission'^ 

14 



210 DOCUMENTARY HISTORY 

Letter to Gapt WaUron. April 24. 1668. 

Cap* Waldorin ; aftar ou'' Respects presentd yo" accquaint- 
ing yo" that ou"" Earnest request & Dasiar are that with as 
much sped m:iy be yo'* ould deliuer this Inclosed lettar vnto 
ou'' good frend M*" Thomas Danford wharin att present wee 
are so much consr'^ in the Istatt & Condision of ou"^ Naibouer, 
Peter Weare w^hich no.w Remaine A prisinar Cumited by 
this prent Athorrity beinge by sum means discouered to 
haue A lettar fownd about him.) neare to the same form to 
that lettar Inclosed hearin & what his suffarings may be 
haue caues to feare may be gratt if not sum spedy relef 
Doth Apeare hopinge yo" will not be vnmindful of vs which 
wee haue caues to feare that srrat Trubbelles are hastenino: 
vpon vs if y^ Lord danie vs of his helping hand y^ lettar 
aljoue mentioned seauerall Inhabitans hands assined tharunto 
farthur yearnastly requestinge yo" when Our Cease is in Agi- 
tation in y'' Jennarall Court att Boston yo" ould pleas to 
farthur y® taking of vs vndur you"" Athorrity & wee shall be 
Inueffaffed to 



-^o"o 



Remaine you''^ in all 
Yorke : 24 of Aprell Due Respects 

Q^ Peter Weare 

Aathur Bragdon Tho Moulton 

June Henry Sayword 

Nathanell Masterson 



Theas ffor Cap* Richerd 
AValderin M 

Hearin is Inclosed y^ warant 
by which Peter Waer wase 
aprahended : &. also his 
Cumitment to prizon 



OF THE STATE OF MAINE. 211 

Warrant. 
To the marshall of y" prouince of Maine or his Debiity/ 

In y" name of his Mag*" & vnder his Immediat Athorrity 
yo" are Commanded forth with to aprehend y® Bodyes of 
Peter Weare & Cap' ffrancis Raines & them safly to saquare 
with all shuch papares & wrightings as yo" shall find about 
them & take them into you"" present Custedy & bring them 
bafore vs to answear to thayr vement suspision of priui^ 
Saddision Indeuering. to vndarmine y" Kinges Immediat 
Athurrity heare setteled whethar by petision or anny othar 
vndeirect meanes Contrary to the lavve of his Mag* heare 
established Wherrof faile yo" not to make a tru returne att 
your perell giuen vndar my hand this 15 of Aprell 1668 
yo" are to requiar suffisient Edward Rushworth 

aid for y"" exsiquition of this firancis Champaruone 

warrant/ 

/A copy of y^ warant 
/ I was aprehended by 



Letter to Oapt. Waldron, April 24. 1668. 

Cap* Waldarin Atar my respects pest8l to yo" theas 
are to acquaint yo" that att tliis present I am Constrained to 
make bowld to request yo" to dooe me what kindnes yo" 
Can to proquar my fredon as I now remaine A prizonar : 
The raatar which I wase Commited for being A lettar which 
y^ Marshall & Cap* John Davis vsed me verry vnseuell & 
tocke a way from me w°h lettar was assined w*h seuerall of 
y* Inhabitans hands manfesting ou'' great dassiar to be tacken 
vndar y° gouerment of y^ Messatuties w*h sum resones 
expresed tharin by a lettar framed to y*" hon'^ & oa"" well 



212 DOCU3IENTAEY HISTORY 

beloued frind M'' Thoiiias Danford whom wee did desiar 
tliarin to accquaint y® s*^ Court with ou'' Dasiares hauing 
since that lettar wase taken from me sum of y** Inhabitanc 
hath preualed w*h me to drawe vp anothar lettar w*h y^ sub- 
stans of y® farst which hath bin porformed & now wee haue 
sent it to yo" which I request yo'"" to daihier vnto y*^ Ho*^ M"" 
Thomas Danford as also a petision in brif w*^"' I should haue 
more fully Amplified had time& place bin farthar presented, 
& hauinge nott anny Meanes att present to yo^ for y® fre 
passag of y'' petision Intreating yo"'' to disl)urst & shall 
thinke my self much Inneaged to yo" & shall sattisfy to you"" 
Content. 

Wee should haue had mainy more hands to y*^ lettar but 
are Constrained to haston away as also much more I had 
to say Consderinge the vnhuman Ingary wase shewed 
me aftar I wase a prisszar & now I am put vpon y* wh I haue 
wrighten to run thorrow not so dalibarat as I could haue 
deiseured. 

Dasiuringe if it may be y® will of y° Lord it may proue 
suksasiue to y® honouer of god & the good A pore peopell. 
att present I take leaue Remaining you" 

In all du Respects 
Aprell : 24^ Peter Weare 

68 



Honnored & much Respected friend IsV Danford The Con- 
sitheration of our gsent Estate : in pojait of Gouerment 
Wee thought it conuenient to acpiaint yo"" worship with our 
gsent State in poynt of goverment : according to our Judg- 
ment how it is with us at psent that theare of if y"" worship 
shall think it meete to Aquaint those we conseve are con- 
serned In it/ As for the Inhabytants of our town. The 
most part of them with many of the other townes stands 
well aficted to the gouerment of the masatuses they much 



or THE STATE OF MAINE. 213 

Desire to see y* authoryty Exersised ouer them : for it can- 
not be thought nessesary & conuenient for such a smal 
people in number and so much unable in their abillities to be 
Exclouded from the Bennefitt & help of those which must 
be helpful] unto us: the Exsperience whareof wee cannot 
for gett thow sum of our people haue unaduisedly beene 
instruments to Depriue of that great beonifitt wee formerly 
injo}^! thereby further consithered of what Euell consi- 
quence : we are Exsposed unto : in that such persons which 
haue beene transgressors under your Authorytie : make 
these parts a place for their shelter And att psent sum 
of us haue great sospistion sum of them are Taken into 
counsell with sum in Athority w"^^ we haue cause to fere will 
proue to our great Discorragement : what further euels And 
growing miscarrages Doe apere : from whence we cannot 
but Expect sum sad Effects will Hasten upon them if God 
by his prouidence Doth not timly preuent/ Therefore att 
psent our humble request is to y'' worship y' you would be 
pleased to aquaint the generall court of these our Desires 
which we hoope will soe much Tend to the honor of god. 
And the good of the inhabitance of Yorke that sume Efec- 
tuall course may l)e taken with such which are indeuering to 
Strenghten them selues by a petishtion soe att gsent ou'' 
Ingaged Respects psented to your worship Desireing we 
May be Exscused for this our bouldnesse take our Leaues : 
Remaining yours in all Due And unfained respects. 



After y® s'' Weare had bin In y"" Gooill his Kepur of y^ 
prizzon A Companed him to y^ houes of Cap' John Dauis 
whare the s"* prisinore' hores stod whilles he wase Comited 
& y* s'' Weare went now to dispose of & also y" marshal I 
remained of which y^ s'^ prisnor dasiared A Coppy of y^ 
Warrant he wase aprehended by & when Weare y^ s*^ 
prisiner Ceam in to the houes Cap' John Dauis began to 
quarell w"' y^ s'' Weare a prisoner vsing very vnseuel 



214 DOCUMENTAKY HISTORY 

Words & prbbrowes Langwig Calling him Base knaue & 
cripell Cur & w^^ a viulent punch w"^ his fist threu him 
viallently vpon y* ground littell short of y^ fiare. 



Letter, — Peter Weare S others to Copt. Wcddron 

Much 

Respected frind Cap* Waldarin hauing still a continnewed 
trubell vppon me by this Athorrity prossiquiting thayer 
Dasine by vsiiig meanes to Doe me Ingury ; I whch 
obtained fauouer of my kepar to gooe to my hom to locke 
vnto my nessesary accetiones in respeckt of the seson wase 
this day Dasiared by my Kepar to goo to smii Ju,stisis w°'^ 
ware att M"" Rushworths howes my answare wase that if 
thay plase to com to the Mettinge howes I ould com thare 
& make my Apearaos. being y* publicke place whare comts 
ware vssialy kept, my s'' keper daliuered y* messag, vpon 
the returne y* Marshall, with his xVid came to me &, com- 
manded me forth with to gooe to y* s"* Rushworths howes or 
othawais thay must carry me to Frisson wbethar I wase by 
voyallens hold, many peopell : lockinge tharon & ould fors- 
sably resqued me out of thayer hands l)ut I turning a sid 
Earnestly Intreated that the peopell ould lett me a lion in 
thayr hands dasiaring that they ould take notise of that 
vnhuiu" yonsag wase shewed to me & att last casting me 
into the prisson whar I found nothing but y^ flore to ly vpon 
that I say Justly insted of any fauiower thay shew nothing 
but Crewilty ; hauinge bin lame this many yeares as also 
what furthar suffaringes I shall sustaine by them y'' Lord 
only knowes & now att present my request is av"' thoes 
whoes names ar heare subscribed to yo'"" that yo^^ ould be 
plesed to acquaint the Honowred Jennarall Court of theas 
our Continnewed trubeles & sufFerges which are continnewed 
ouer vs which wee hope will take ou"" sad Condission into 



OF THE STATE OF MAINE. 



215 



Searrioues Considaration & with as much sped as may be 
wee may obtaine relit' so att present with ou"" Inieaged 
respeckts presented wee take leaue : 

Remaning : You""^ in all due respeckts 

Peter Weare 
Henry Sayword 



Rowland R Younges 



[Superscribed] 

To his much Istemed 
frind Cap* Richard, 
Waldarin thease, 

present 
In Boston or alee 

wheare 



Arthur Bragdon June 
Eanmell Bragdon 
Nicholas ffrost 
Dodauah hall 
Joseph Hamond 
Tho Moulton 



Wa7Tant 

To the ]Marshall of y^ Prouince of Maine or his Debputy 

In his Mag'^ name you are required to repaiare to John 
Parker his Mag*^ Goili & if Peter Weare whoe is his lawfull 
prisnar refues to make his parsonall appearans before vs att 
the howes of Edward Rushworth forthwith vpon his the s'^ 
Weares Deniall tharof yo"^ are required to see him safiy 
saeured in the Goili wharof faille yo" not att 3'ou''perell May : 
6: 68 

yo" are required to take suffisient aid for the exeqution of 
this warant 

Edward Rushworth 
ffrancis Champarnone 
ffrancis Hocke. Jus? 

A Tru Coppy of y* Last 
warant by which y* s** Weare 
wase Imprizoned 



216 DOCUMENTARY HISTORY 

Petition of Inhabitants of Cape Porpus April 28. 1668. 

To the Honore'' Jennarall Courtt Sittinge in Boston in y' 
Meiatuties Cullanny in New Ingland/ 

The humbell petition of y* Inhabitance of Ceap Porpes in 
y® County of Yorlve sheare sheweth 

That wheras you'' petisinores haueing Liuecl by the proui- 
dens of god seauerall yeares vndar your Athorrity wbarby 
your pettisinores Injoyed many grat benifttes* tharby. But 
of latte yeares sum which may be Justly suspekted stod not 
well affected to your Athorrity presented A pettision to }'* 
Inhabs for y' managing tharof Manny of vs well know wase 
by the hand of on w*"'' gratt part of y* peopell stod well 
affected vnto formerly who proued sutabell att that time to 
carry on that Dasine. Butt not longe aftar thoes which 
assined that petision, began to see part of y^ yefects that 
they had brought vpon them selues & Othares wdiich did not 
assine y® pettision by thayer vnaduised Ackt, but in sum 
putt hopes that according as his May'^ Commisinores did 
acquaint sum of vs that doutles his May'^ ould son putt an 
Issew to y* Mattar wharl)y in a uerry short time y^ gouer- 
ment ould be settled, words to that purpas : But in Consid- 
ar" of y* Lenkth of time past & nothing hath apeared to 
you' petisinores wharby wee are much parswaded that his 
May*' wase neuer acquainted in what Condic" theas partes 
ware leaft in, And att present parsauinge sum parsones verry 
Actiue in y* managing of an othar pettision fearinge tharby 
wee may be drue into farthar euelles which wee being a weke 
peopell are subject tharunto for y^ preuention tharof Ouer 
Humbell request & dasiueres are to this Honored Court that 
wee may be taken vndur you"" winge of protexion & gouer- 
ment for y* preventing vs from falling in to dauision 
A monges our selues which your petisinores haue Caues to 
feare is hastening vpon vs if god by his prouidens doth not 



OF THE STATE OF MAINE. 217 

timly preuent & you"" petisinores shall in bond & dut, pray 
for yu/ 

Cap porpes aprell 28. 1G68 
his 



Grefleng /I mounticu 

marck 
John purinton 
Niehls cole 
Richard moore 

his 
Richard — brian 

marck 

Edniond ^^K^ 

his mark 

his 

Simon r\trote 
mark 

. \ • /^Stephen Batson 

his mark 
thomas 'y^wan'', Thomas Warner, 
his mark 

his 

Samell c^ r% Scarlet 

mark 
his 
John (^ Cole 

mark 
John Elsin 



■P 



peterf^ turbat 

his mark 
William Renolld sin 
William RenoUs 
John Gooch 



218 DOCUMENTARY HISTOEY 

Petition of the Toivn of Wells April 30. 1668. 

To the Honoured the generall court Now assembled in 
Boston In new england ; 

The Humble petition of the Towne of Wells In the 
County of Yorke Most Humbly she\veth 

that w'as yo'' humble petisionars hauing Liued by the good 
prouidence of God seauerell yeares vndr yo' Authoritye and 
gouerm' where by yo"" petitionars Injoyed many great ben- 
ifits but now are deprived of those p^'uiledges : by some 
amongst vs who haue doulitles : ben ill afiected to yo' gou- 
erm" yo'' Honours may Justly blame yo'' petisionars in re- 
uolting & turning from our former obedience but we must 
in sora measure make known the cause of It : m'" Edw : 
Rishworth and some other p'sented a petision to the Inhabi- 
tanc of this County: who being w^ell aftected with s'" Rish- 
worth and confiding much in him was so farr deluded by 
him and som other that hee gfott seauerell hands to the 
petision : which petision was to be vndr his majes'^* Imadiet 
p'tecktion but not long after those w'hich assigned that 
petision was sence])le of theire owne cuill y'"in & saw part of 
y* sad affects which thay had brought vpo themselues and 
others which did not assigne to the s*^ petio his majesties 
Comissionars did also acquaint some of vs that doubtles his 
Majestye would soone put an Issue to the matter whereby 
in a very short time the Gouerment would be setled : but in 
consideration of y° length of time past and nothing hath 
apeared to yo"" petisionars whereby we are much parswaded 
that his majesty was Neuer acquainted in what Condition 
wee in this countye ware left in : and Now at p^sent some 
p^sons amongst us very actiue in the manigeing of another 
petition fearing therby we may be drew into further euills : 
for the prevension Thereof our Humble request and desires 
are to this Honoured Court that care may be taken vnder 



OF THE STATE OF MAINE. 



219 



yo'' Tuition and gouermtt : that so yo"" Honourable care of 
Justice may be exercised amongst vs as formerly : for the 
preuentmg of us from foiling Into disorder & deuissions 
amongst ourselues which yo"" petisionars haue great cause to 
feare will vnauoydably com vpon us If God by his proui- 
dence doth not preuent : So craning pardon for our bold 
excess yo' poore petisionars shall in bonds of duty pray for 
you Where vnto yo' petisionars haue Set y' hands this 30*'' 
Aprell 1G68 



Ezoldell Knights 
Will Hamonds 
ffr Littletild Se 
thomas litltild 
Peter CUiiff 
Will aishlee 
John barret 
thomas paty 
Joseph Crosse 
Jacob Wormwod 



Samwell Austin 
John Littelfeild 
John Gooch 
John Wells 
James Gooch 
Jonathan Haiiionds 
John Clayes 
William Hobbs 
Willyam Jonson 
Ezekiell Knights junio' 
John Trot 
flrances Littelfeild junio' 



Commissioners to settle the Government of Maine. 

This Court considering their right by Patent vnto the 
Government of Yorkshire (by some called the Province of 
Mayne) wdiich hath been Interrupted of late by the subtilty 
& vnfaithfulnes of some persons among them vpon a pre- 
tence of an Iinediate subjection to his Maj*^'** authority 
which hath not yet appeared to us to be duely delegated 
vnto any but ourselues, and also vnderstanding by the 



220 • DOCUMENTARY HISTOEY 

petitions of sundry of the Inhal/itants of that County their 
Sad condition in point of Government & their earnest desire 
to returne vnto their due obedience vnto his maj^^^s authori- 
ty established by our charter: 

The Consideration of the premisses hath mooued this 
Court to authorize Appomt & Impower majo'' Geuerall Jn° 
Leueret & Edward Tyng Esq'''' Cap* Richard Walderne & 
Cap' Robert Pike as our Comissioners to repaire to that 
County and Call a Court there & setle the Government 
thereof in the same order & vpon the same principles & 
termes as it is established by lawe in other Counties w**" in 
this eJurisdiction & what expences the said Commissioners 
shall be at in this seruice for the present it shallbe disbursed 
by the Country Treasurer, but afterwards as soone as may 
be reimbursed l)y that County, in such a way, as the said 
Comissioners shall order & appoint 

The magis*s haue past this their brethren the deputies 
hereto Consenting 
12 May 1668. Edw. Rawson Secre* 

The Deputyes Consent hereto & Desire o"' Hono'"'^ magis- 
trates would be pleased to nominate meete psons for this 
service. William Torrey Cleric. 

The magis's haue Appointed Thomas Danforth & majo'' 
General 1 Jn" Leueret Esq""* w*'' such as their brethren the 
deputies shall Appoint among themselues : their brethren 
the deputies hereto Consenting. 

Edw. Rawson Secret 

The Depu*' haue nominated Cap* Rich : Waldren & Capt. 
Rob* Pike to be the psons to Joyne in this Comiss" 

William Torrey cleric. 



OF THE STATE OF MAINE. 221 

The Magis*s on their reasuiuing of w' is abone past the 
magis*s haue past the suspension thereof till the next session 
of this Court their brethren the deputies hereto Consenting. 
15*^ May 1668 Edw : Rawson Secret 

The Deputyes Consent not hereto 

William Torrey Cleric. 

The Deputyes haue nominate & appointed Cap' Edw : 
Johnson & Capt. William Davis to Joyne with some of o' 
former magists to be Chosen to draw vp Comissious & In- 
structions for the gentlemen aboue mentioned, with refer- 
ence to the Consent of o'' Hon'"'' mags*s hereto 

William Torrey cleric. 
The magis'-^ Consent not hereto 

Edw. Rawson Secret 

Falmotli mens aplijcatio to if massachusets Comis^^ 1668 
May it please this Honord Court/ 

To vnderstand by these Th vpon y* 14'"' of Juli (58) itt 
pleas'^ y^ honord Coiliissioners of his Majesties Collonie of 
y* Massatusetts, to receiue y* Inhabitants of y* Townes of 
ffalmouth & Scarborrow into theire gouerment, and were 
then pleased to grant vnto y^ aforementioned townes Certaine 
Articles the first whereof is as folio weth./ 

That in case by an Immediate power from y^ Supremacie 
of wee are Comanded & after address to y* Same Suprem- 
acie by y^ Massatusetts Authoritie itt be defined as proper to 
any other Regulations this obligation may be Nuld you pro- 
tecting vs vntill y^ determination thereof./ 

Att which time Certaine of vs tooke y" oath of freemen 
and Soe wee Continud certaine yeares vnder y' goverment to 



222 DOCUMENTARY HISTORY 

our great contentment, butt it hath pleased y^ Lord that of 
Late yeares wee haue had Severall Changes nott without some 
contentions & distractions, yett nott with standing y^ Seu- 
erall Temptations in these late changes itt hath pleased y® 
Lord through mercie to giue vs grace to be mind full of y® 
oath wee took (in y" Name of y® Ever Liueing god) & y" 
Covenant we made with you, Soe y* wee haue chosen in 
these latte changes rather passiuely to suffer then willinglie 
to act further then constraint & necessitie enforced vs : be- 
cause we could nott vnderstand y^ gouerment was determined 
])y our Soueraing Lord y" king as proper to any other reg- 
ulation, who was plasd gratiousli/ not Long since to send 
to vs in these parts Comanding our submission to M' Gorges 
<TOuerment or else forthwith to shew our reasons butt before 
we had time of consideration therein itt pleasd his Majesties 
honord Comissioners to forbid any actings either in M*" 
Gorges gouerment or y* Massatusetts, w''"' was as we con- 
ceiue by reason of som of our Western Neighbours peti- 
tioning to them, there were two more petitions brought to 
our Towne, but wee haueing noe cause to coniplaine against 
M' Gorges or his goverment We haueing had noe triall of 
y* one or the other. Nor against y* Massatusetts gouerment 
wee were then vnder wee haueing experimentallie found our 
souerainge Lord y^ Kings word verified concerning them, 
That as they haue exceeded others in pietie & sobrietie soe 
«-od hath blessed them aboue others ; wee did therefore con- 
ceiue it our dutie rather to attend vpon our gratious Kings 
Comand by rendring our reasons of our Non Submission to 
M' Gorges gouerment, then to busie our selues in petition- 
inop ao^ainst them from whom wee never received ought butt 
o^ood as wee know of, Som of w'='^ reasons were first our 
eno-ao-ments to y^ Massatusetts Authoritie till otherwise 
determined by his Majestie as proper to any other regula- 
tion. 



OF THE STATE OF MAINE. 



223 



2'y His honourable Comissioners forbiding vs in his Name 
to Act therein ; Since w'^'' time we haue heard nothing from 
his jNIajestie or JSr Gorge as to y^ determination of y* gou- 
erment, We Lilvewise Vnderstand that y*" Massatusetts 
Authoritie haue rendred there reasons of nott resigning y® 
gouerment vnto M' Gorges Comissioners, butt doe nott 
vnderstand they haue receiued any Answer therein, Soo y' 
as wee humbly conceiue y"^ according to y^ aforewritten 
Article you stand still engaged to vs & wee to you accord- 
ing to our severall concernments 

The Inhabitants of this towne therefore soe soone as M"" 
Masterson the Countie Marshall cam this way did freely & 
willingl}^ obey y' Couiands by him sent to vs nott being any 
way as we know of Disingaged from y^ Authoritie by any 
determanative Cofnand from our Soueraing Lord y^ King or 
willing act of our owne, and did according to y'" Comands 
call a Town meeting of freemen & Inhabitants of this 
Town and did giue our votes (for associatts for y' Countie, 
for Comissioners for y^ Towns, for Constable, for grand & 
pettie Jurie men (who are y" bearers liearof ) att w"^'' Town 
meeting the freemen & Inhabitants desierd me in theire 
Names to writt to this honord Court according to y' contents 
hereof & in theire Names to render vnto this honord Court 
hartie thanks for theire reception of vs againe into theire 
gouerment hopeing that as wee haue beene soe we shall still 
continue faithfull vnto y* same) and doe humbli craue from 
this honord Court as followeth./ 

1 A Continuanc & Confirmation of our former Articles. 

2 That by reason of y^ paucitie of freemen amongst vs 
whereby wee are disinabled to carry on the affaires of our 
Towne, you would be pleas'' to take some Course that sora 
of our young men & others who are fitt for y" Cuntries 
service may be made freemen 



224 DOCUMENTARY HISTORY 

3 That if possible it might be our Countie Courts may 
bee brought nearer to vs wee Liucing soe far distant ther- 
from 



Thus with our praiers to y* god of heauen to bless and 
direct yow in y"" alTaires wee subscrib y's to bee Coiuanded 
according to oath & Article./ 

Written by y^ dcsier of y" ffreemen 
& inhabitants of ffulmoutb this 3 day 
of Juli 1668/ 

Y' humble servant to 
Comand in what I may or can 

fFrancis Xeale 

This fore written Letter was written by y* dcsier of y^ 

ffreemen & Inha])itants of the Towne of ffalmouth and hath 

beene read and owned as y"^ act of y* . Towne by vs wdiose 

Names are vnder written townsmen of y^ Town in behalf of 

y^ Town as witnes our hands this 4"^ of Juli 1668 

Phineas Rider 

George Lewis 

„ -r, „ > Townsmen 

Greorg Lngersoll j 

George ffelt J 



OF THE STATE OF MAINE. 225 

30 May. 1665. A Letter from the Governour of New 

England ivith Affidavits enclosed to S^ William Morice 

2yrincej)aU secretairy/ Amongst the Pajiers of My Gorges 

and ilf Hartllh/ 

Whereas the Generall Court of Mattachusets in y^ yeare 
1652./ appointed us whose names are here undersubscribed 
to Lay out the Northerne Lyne of our Patent, and now 
being called to give Testimony of what wee did therein, to 
this wee say as folio weth./ 

Besydes our returne in the Court Book in page 103. 
Wee Indented with two Indians well acquainted with Meri- 
mack River, and the great Lake to which wee went borne 
and bredd all their dayes thereupon, the one named Pontan- 
hum, the other Ponbokine, very intelligent as any in all 
those parts. As wee conceived, wee covenanted, with them 
to lead us up Merimack River, soe far as the River was Mer- 
imack River, when wee come short of the Lake about 60 
miles there came two Rivers into one, one from the West- 
ward of the North, and the other from the Northward of 
the East, the Westerly River to mee as I then thought was 
bigger than the other. But takeing notice of both these 
Rivers, and knowing wee must make use of butt one. 

I called the Indians to inform us which was Merimack 
river, their answer was, the river which was next unto us, 
that came from the Easterly point, Which River wee fol- 
lowed into the Lake this 17° May. 1665. Witnesse our 
hands. Symon Willard. Ed : Johnson. 

Attested on Oath before the Governor and Magistrates 
assembled in Generall Court. 

As attests Thomas Danforth p Order. 
This is a true Copy compared with the Originall, left 
on File as attests 

Edward Rawson Secretary. 
15 



226 DOCUMENTARY HISTORY 

At a General! Court held at Boston in New England 
18: October. 1654. 

M'^ Jonas Clarke and M^ Samuell Andrewes both well 
skilled in the Mathematicks, haveing had the commands of 
Shipps upon severall Voyages, bejng" appointed to take an 
observation of the Northerly Bounds of our Pattent upon 
the Sea Coasts, made this Keturne, as Followeth. 

Our observation taken the 13"* day of October 1653. 

The place of our last observation, the Altitude of the 
same Avas according to observation, and our best Judgemient 
34 Decrees 24 Minutes, the Declination of the Sun accord- 
ing to Calculation in England. 11 degrees. 39. Minutes, the 
Difference of Longitude betwixt this place and England ac- 
cording to our best Judgement is 63 degrees, which in tyme 
makes four houres, and one fifth part of an houre, Which 
adds to our Declination three Minutes and forty seconds, all 
wdiich altitu^de declination, and Meridianall difference being 
added together doth make. 46. degrees. 16. Minutes. 40 
Seconds, which being substracted from 90 degrees, gave us 
to be then in our Latitude of 43. degrees 43. Minutes. 20 
Seconds, which was 8 seconds to the Northward of our Lat- 
itude given, which wee Measured back againe upon a South 
L3aie, and there fell in a very plaine place, where were fewe 
trees. But wee marked 4 or 5 Trees, one of them marked 
with M. B. and at the Sea syde where the Lyne doth Ex- 
tend, there Lyeth a Greyish Rock at a high water Marke 
cleft in the Midle else y^ shoare being Sand without Stones, 
the Lyne doth runne over the Norther most point of an 
Island, as wee guesse not above 2 or 3 rodde above high 
water Marke. The Island is called the upper Clap board 
Island about a quarter of a mile from the Maine in Casco 
bay, about 4. or 5. miles to the Northward of M'' ]Macworths 
house. Given under our hands 



OF THE STATE OF SIAINE. 227 

29'.'' October. 1653. Jonas Clarke. Sam : Andrewes 
M*" Clarke being absent, M'' Sam : Andrewes upon Oath 
testifyes the truth thereof as followeth : 

You sweare by the living God that the returne 3'^ou made 
under yo"" hand of the Observation you made on the IS''' 
Octob"", on the Northerly Bounds of our Pattent is true 
according to the Rules of Art and your Best skill and 
Judgements. 

Taken before the Magistrates in y^ General! Court 
19"' October 1654 as attests 

Edward Rawson Secretary. 
That this is a true coppy of the Returne and Oath made 
thereupon, taken out of y^ Court Book of Record, Attests 

Ed. Rawson Secretary. 

At a Generall Court held at Boston in New England 19. 
October. 1652. 

Cap' Symon Willard, and Cap' Edward Johnsoji a com- 
mittee appointed by the last Generall Court to - procure 
Artists to joyne with them to find out the most Northerly 
part of Merimack River, respecting the Line of our Pattent, 
having procured Serj' John Shermun of Water Towne, and 
Jonathan Ince Student of Harvard Colledge As Artists to 
goe along with them, made their returne of -what they had 
done and found, viz'. 

John Shermun and Jonathan Ince, on their Oath say that 
at Aquedahtan the name of the head of Merimack where it 
issues out of the lake called Wiuinapuscakit upon the first 
of August, 1652. wee observed, by observation found, that 
the Latitude of the place was 43 degrees, 40 Minutes, and 
12 Seconds, besides those Minutes which are to be allowed 
for the three miles more North which runne into the Lake. 



228 DOCUMENTARY HISTORY 

In "witnesse whereof they have Subscribed their Names 
this lO'i^ of October 1652./ 

Jur. Cora me Jn° Endecott Gubernaf 

Jno Sherman. JonatG Ince. 

This is a true coppy taken out of y^ Court Book of 
Records, as Attests 

Ed : Rawson Secretary. 



Being called by the Generall Court to give an Acco* of 
what My knowledge was concerning the Extent of the 
River Merimacke. Haveing oftentymes travailed the Country, 
some of the Natives always with race, which have from 
tyme to tyme affirmed that the Lake called AVinnapaseokit 
issues into the River Merymack, and haveing some Indians 
with mee upon the North syde of the said Lake upon a 
great Mountaine, did see the said Lake which the Indians 
did affirme issues into the aforesaid River, having this Re- 
port by them for the space of 27 yeares. 

Peter Weare. 

Attested on Oath before the Governour and magistrates 
in Generall Court 17*" May. 1665. 

As attests Thomas Danforth by Order. 

This is a true coppy compared with y*^ Originall on File 
as attests Edward Rawson — Secretary — 



I Richard Walderne being called by the Generall Court to 
give in Evidence of what I know about y^ name of jNIeri- 
mack River, Testify and say, that, about 30 yeares since 
haveingr some Connnerce of Trade with the Indians at Pascat- 
Bway, and many others both of Pancatuck and Winipicioket, 



OF THE STATE OF MAINE. 229 

did enquire what they called the River at Pemywoke, they 
said it is Merimack, and enquired why there were other 
names given upon that River. 

The answer was, such names referred to the places of 
Land where Indians Live upon the River, not the River 
itself. But the river beareth the name of Meriniacks not 
only in the Branch w''^ runneth from Winipicioket but the 
other Branch which runneth more westerly. 

Also likewise about 6 years since being sent for By Pas- 
saconaway and severall other Sagamores, where there was a 
great many Indians at Pemy-Cooke, and being then at the 
Fort which was by the River syde, and enquiring concern- 
ing the name of the River, received the like answer as is 
above express't. May 17. 1665. 

Rich. Walderne. 

Attested on Oath before the Governo'' and magistrates in 
Generall Court 17**^ May 1665. 

As attest Thomas Danforth by order. 
This is a true coppy compared with the originall Left on 
File, as attests 

Ed : Rawson Secretary. 

The Affidavit, Letter, and other five papers adjoyned and 
fyled together are true Coppyes of the Originall Affidavit, 
Letter and other five papers, being Examined with the 
Originall by us. 

Symon Robins. 

Rich : Walker. 



230 DOCUIMENTAKT HISTOEY 

Correspondence between Major Denison Sc: on behalf of 

the General Court of Massachusets / 
Gentlmen, 

Wee are sent by y^ Generall Court of y^ Massatusetts To 
enquier and in theire Name Wee doe demand upon what 
account & by what Authoritie, You haue sumond this pres- 
ent Assemblie att Wells : And exercised Authoritie ouer y® 
people of Yorksheere who haue acknowledged themselues 
subject to the sayd gouerment by there subscriptions & are 
bound there unto, by there oath./ 

Daniell Denison/ Will Hathorne/ 
Wells May y«26. 1662./ Richard Walden/ 

For M' Henry Jocelyn Major Nicolas Shapleigh & M"" 
Rob Jordan/ 

Vera Copia Francis Neale — Secretarie — 



Gentlemen : You haveing informed y® Mission by the 
generall Court of y*' Masuthusents to enquier & in theire 
Name to demand According to y^ further expresses in y® 
information. Wee say wee are in preparednes To giue y® 
Hrdd gen : Court all Ciuitt & Christian Returne when itt 
shall appeare y*^ soe doeing to bee in theire Names In y® 
meane time Wee are./ 

Henry Jocelyn Jusquo — 
Wells. May y« 26. 1662./ Nicolas Shapley Cofi 

Apd Curiani/ Roll Jordan — Comiss2 

To Major Daniell denison Major Wilt Hathorn 
& Capt Richard Walden/ 
Vera Copia Francis Neale — Secretarie — 



or THE STATE OF MAINE. 231 

To M"" Henry Jocelyn Major Nic : Shapley & M^ 
Robt Jordan/ 
If wee doe nott misunderstand y^ paper you desier satis- 
faction as to our power & Comission from y^ Gen Court, you 
may Bee assurd of our readines in y* respect if you think 
meet to follow our example or propound some meet way y* 
y* same may bee Communicated to all or any of you, wee 
desierd to haue spared this trouble had our Message by 
Leeuetennant Dauis found acceptance, w'^^ wee Vnderstand 
was deliuerd/ Daniell denison/ 

Will Hathorne/ Richard Waldon/ 
WelsMay y« 26. 1662/ 

Vera Copia Francis Neale — Secretarie/ — 



To Major Daniell denison Major Will Hathorne 
& Cap* Richard Walden/ 
Gentlemen 

According to y® Termor of our first paper Wee desier a 
sight of y'* Comission & y' you would permitt our Cleark 
y' bearer to take a Coppie therof./ 
Wels May y« 27 1662./ 

Vera Copia Francis Neale — Secretarie/ — 



232 DOCUMENTARY HISTORY 

Translat/ 10 Sept: 1667. Representation of 8'' Lewis 
Kirk & M'' John Kirk concern Accadis.f 
Eepresentation of S'' Lewis Kirk &c, concerning Accadie/ 

For what concerneth those 3 Bulwarkes or 
fortresses in the Parts of L Accadie or 
Nova Scotia erected, & by the French Am- 
bassador pretended unto, as perteyning to 
the Territories of the French king in 
America unto the king's most Excellent 
Ma<y and his Hon''^^ Council his humble & 
devoted sul)jects S'' Lewis Kirk, and John 
Kirk Esq"" Brethren in all dutifull observance 
and obedience, do most humbly represent 
as followeth/ 
1 That it is a thing remarkably known that the whole Tract 
or Space of land in America lying on either side of the 
River Canada, which a long time since were known by the 
Names of Nova Francia & Nova Scotia, were at first dis- 
covered & found out by the English in the Time of king 
Henry y® Seventh king of England, which expedition was 
first undertaken at the Coiiiand and Charges of that king. 
Afterwards was furthered & carried on by the favorable 
aspect of Queen Elizabeth ; so that in processe of time for 
many years together, the said Tract of Ground with abso- 
lute priviledge of free Commerce fell under the Jurisdiction 
and power of the Crown of England. Neither was it unto 
any other Christian Princes, or their Subjects more clearly 
known or discovered, untill about the year 1600 : Some of 
the french understanding the benefitt ariseing by Traffique 
in the River of S' Lawrence, having formerly & by force of 
Arms seiz'd upon that Tract of Land, scituate on the North 
side of the said flood or River Canad a did afterwards in 
Ano 1604 : under the Conduct of Lord of Mouts 



OF THE STATE OF 3IAINE. 233 

who in 'the year 1606 was brought by M"" de Pourtring 
Court possesse themselves of L Arcadie lying on the South 
side of the said River naming the whole Nova Francia chal- 
lenging & vsurping to themselves for many years at least de 
facto the Possession thereof with Sole Liberty of Commerce 
there although de Jure as well by reason of the first discov- 
ery & a long continued possession thoreof by the English, 
as of a Peace at that time Established between the Crowns 
of England and France they had no colour or claim there- 
unto./ 

2 In anno 1621 king James of England taking notice how 
unjustly & contrary to the Law of nations that Livasion 
was made & looking upon the Possession gotten them by 
the French, as upon an Invasion did by His Ires Patents 
grant unto S'' William Alexander a Scotchman (created 
afterwards Earl of Sterling l)y King Charles the first) L 
Accadie by the name of Nova Scotia who in the yeare 1622, 
& 1623, after S"" Samuel Argal had driven out Biard & Masse 
& demolishing their fort carried them Prisoners to Virginia 
having obteyned the Possession thereof planted a Colony 
therein, and kept Possession thereof for about 2 yeares 
afterwards, untill such time as upon the marriage of His 
Ma*y king Charles the first with the Lady Henrietta Maria, 
the said L'Accadia or Nova Scotia was by order of the King 
of England returned into the Possession of the French : 

3 Afterwards a Warr ariseing between his Ma^^ King 
Charles the first & Lewis the 13 : Ano 1627 : & 1628. S"^ 
David Kirk & his Brethren and Relations of England did by 
vertue of His Ma*^' Commission send to Sea at their great 
charge first 3 : afterwards 9 : shipps with Warlike Prepara- 
tions for recovering of the Possession of the said Lands 
lying on either side of the said River Canada, & to expell 
& eject all the French tradeing in those parts wherein they 
had good Successe, & in Aiio 1G27 : did there Seiz upoa 



234 DOCUMENTARY HISTORr 

about 18 : of the French Shipps wherein were found 135 
peeces of Ordnance designed for releife of the Royal Fort in 
L Accadie & Quebeck in Nova Francia under the Command 
of M-" de Rockmand & Mons"- de La Tour Father of de la 
Tour Governo'' of the said Royal Fort whom together wdth 
the said Shipps and Gunns they brought into England. 

And in the yeare 1G28 : they possessed themselves of the 
whole Region of Canada or Nova Francia Scituate on the 
North side of the River, together with the Fort or Castle 
of Quebeck, S"" Lewis Kerk being then constituted Gover- 
nor of the Place, the French being then either expelled or 
conveyed into England, and the Arms of the King of Eng- 
land being Publickly there erected and every where placed. 
And before the yeare 1628 : it was brought to pass by the 
said S'' William Alexander (assisted both by the advice and 
Charge of the said Kirk) that in the Parts of L Accadie or 
Nova Scotia on the South Side of the River Canada the 
whole with the Forts thereon l^uilt being by him Subdued 
presently came under the Power of the King of England, 
that Reo-ion on the South Side falling into the Possession of 
the Said S'' William Alexander, and that on the North Side 
into the Possession of the Kirks. 

4 On the 29**^ March 1632 : a Peace being concluded be- 
tween his Ma'y King Charles the first and Lewis the 13 it 
was amongst other things on the part of the King of Eng- 
land agreed That all the Forts as well in L' Accadie as in 
Nova Francia should be restored into the Possession of the 
Subjects of the French King which was exactly performed 
on the part of the English, though to the great damage of 
the Kirks, but on the part of the French although it was 
agreed as in the 4 : & 5 : Articles of Peace is sett down 
(to which reference is had) yett nothing was ever performed 
of their parts. So that the Kirks did thereupon suffer Loss 
to the value of 5000" sterlin which were to be paid them by 



OF THE STATE OF MAINE. 



235 



M"" de Cane a French man, but remaine unpaid to this day. 

5 Anno 1633 : the King of England taking notice that 
although the Forts & Castles according to the League were 
to be delivered up into the Possession of the French (espec- 
ially such as had been erected during their Possession there- 
of) yett that his English subjects were not to be excluded 
from Trade or free Commerce in those Eegions that were 
first discovered and possessed by his Subjects, did Avith the 
Advice of his Councill by His letters Patents dated the ll''* 
May 1633 : upon Consideration had of the Expences which 
the said Kirks had laid out upon the Fort of Quibeck to the 
value of 50000" and also of their ready obedience in resign- 
ing up the same on his Royall Command did graunt unto S** 
Lewis Kirk and his Brother John Kirk & his Associates for 
the Term of 31 yeares (not yet expired) full Priviledg not 
only of Trade & Commerce in the River Canada & places 
on either side adjacent but also to Plant Colonies and build 
Forts & Bulwarks where they should think fitt. 

6 By vertue of which Commission S"" Lewis Kirli, and His 
Brother John Kirk & his Associates in the month of Feb- 
ruary next following viz: in 1633: Sett forth a Shipp 
called the Mary Fortune laden with goods of a considerable 
value consigned to those parts where during her tradeing 
there without any just offence given & in time of Peace shee 
was by the French forceably Seized on, & carried into 
France & her lading as if shee had been lawfull Prize con- 
fiscated whereupon the Kirks suffered loss to the value of 
12000" and although the Hon'^^'' Lord Scudamore Ambassa- 
dor in France by the King of Englands special Command, 
and the said John Kirk being then in perscm by the King's 
Command did often earnestly urge that the monys due to 
the Said Kirks and the said shipp with her Ladeing might 
be restored, w'^'' for no other Cause had been seized upon 
and sold but only for that by the King's Commission Shee 



236 



DOCUMENTARY HISTORY 



was found tradeing at Canada, yett he could obtain nothing 
but after some yeares fruitlesse endeavours returned into 
England without accomplishing his desires 

In the yeare 1654 : Cromwell although an unjust Vsurper 
of the Govermeut, yett upon Consideration of the P''ses 
taking a just occasion for requiring the possession of L 
Accadie sends forth severall Shipps under the Command of 
one Sedgwick who by vertue of the authority graunted him 
by Cromwell Assaulted & subdued the aforesaid Forts in 
Nova Scotia and restored them into the Possession of the 
English And although in the yeare 1655 a League of firm 
peace of Amity being concluded between Cromwell & 
French King, The French Ambassad'' did often urge the res- 
titution to the Possession of the French, yett for the same 
causes aforesaid which had moved Cromwell to seize upon 
them it was thought fitt still to reteyn the Possession of 
them, And although according to the purport of the 25 
Article of the Peace Commissioners on both sides were to 
be appointed for the desideing & determining that Contro- 
versy : yett nothing was done therein, neither did the Com- 
missioners ever meet within 3 : months as in the 24"^ Arti- 
cle of the Treaty was provided and agreed, So that now the 
Case is very clear, that the Possession to the English re- 
mains firm, & Just, and that the Forts and Bulwarkes be- 
fore specified are without all paradventure under the Power 
and Jurisdiction of his Ma'^ the Kino^ of Eno-laud. 

The Truth and certainty of which conclusion in Law and 
reason, which very clearly and fully ariseth from the Prem- 
ises wee readily grant & Assent unto, which Notwithstand- 
ino; from the reason & Considerations followins: shall be 
made evident & more Confirmed./ 

1 To say nothing how the first discovery and Possession of 
the Regions above mentioned was clearly made & taken by 
the English Subjects, in regard of the many & divers Vicis- 



OF THE STATE OF MAINE. 237 

situdes frequent Spontaneous unconstrained changes & resig- 
nation of the Possession thereof, wee insist no further herein 
then only that from thence wee clearly evince and manifest 
that there was perpetuum Jus a Constant continued Right 
at least of the Traffique and Commerce in those Regions in- 
vested in the English which no Surrender or resignation for 
the time being of the said Forts in those parts could any 
wise infringe or extinguish. 

2 In reg-ard the Fortresses and Bulwarks above mentioned 
in L'Accadie or Nova Scotia after that they had in the year 
1628: been taken b}^ the Law of Amies were not in any 
other sense restored to the Possession of the French in 
anno 1632 : then under the Performance on their Parts ot 
Certain articles or Conditions (for every respective Article 
in a League or peace hath the force and efficacy of a Con- 
dition implied) which Conditions were by them never per- 
formed to this day Therefore from the Premisses nothing 
Seemeth more evident and Consonant both to Law and 
equity, then that the Surrender or resignacon thereof made 
by the English should be null and voyd the Agreem* dis- 
solved and frustrate & the Forts & Bulwarks be restored & 
return into their first Estate as if such Resignation or Sur- 
render had never been made./ 

3 And for this very Reason that Fortress or Bulwark of 
Quebeck in Nova Francia which still remaines in the Pos- 
session of the French seemeth that it may be Justly de- 
manded back by the Kirks by greater reason & Stronger 
Colour & force of Law, then those fortresses Now in the 
possession of the English in Nova Scotia are Challenged & 
pretended unto by the French, seeing these did by right of 
the Law of Arms and after the violation of the Articles of 
Peace clearly return ioto the Power and Possession of the 
English, but that Seemeth to be unjustly detained by the 
French without all colour of Law seeing they failed in Per- 



238 DOCUMENTARY HISTORY 

formance in that, for which the said Surrender or resigna- 
tion was made by the Kirkes. 

4 But whereas they yett remaine not only not Contented 
with their unjust detayning of the Castle of Quebeck on 
which the Kirks ought to insist and never to Cease claim till 
they be fully satisfyed of those great Sumnis of mony 
which according to the Expresse Articles of the Peace were 
to be repaid them. But also notwithstanding that liberty 
& Priviledge of force traffique and Commerce in those parts, 
acquired & purchased, not only by the first discovery & 
seizure of those places by the English but also by force & 
vertue of the King's Ma*^ speciall Commission granted and 
obtained for the Just Causes therein particularly expressed 
they Seized upon the Shipp Mary Fortune abovementionned 
withall her Ladeins^ of goods belono;in£j to the Kirks & ex- 
posed the Same to publick Sale. Why then was Cromwell 
blamed or the French Arabassado'' Complain against him 
because out of Consideration of the Premisses he had seized 
upon those Forts & Castles and restored them into the pos- 
session of the English, and he although an unjust or wicked 
invador of anothers Right & Governni' and So of Necessity 
it must follow that those accoiis & matters of State which 
he exercised & managed during his usurped Governm* could 
have no efiicacy & force from any right of his which was 
none, yet it hindered not, but that what he could not acquire 
or accomplish to himself nor yett derive to another (namely 
Coil Temple might be & was justly and lawfully acquired 
and gott by his Ma'^ who had Law full right to the Goverum*^ ; 
Hence it was that those Forts in Nova Scotia obtained and 
acquired by Cromwell's Act do with no Less right yeild and 
Submitt to the Goverm' and Power of Plis Ma'^' the King of 
England, then either Dunkirk or Jamaica, which single 
reason doth Strongly oppose, and plainly destroy the Pre- 
tentions of the French Ambassador, because the French 



OF THE STATE OF MAINE. 239 

King Concluded a Peace with Cromwell & acknowledge the 
Governm* invested in him. So that the Ambassador had no 
cause, to blame Cromwell, for any wrong done because in 
that mutuall League they did not Stick to attribute to & 
Acknowledge in him the highest right & power in the Gov- 
ernm' of England. 

And in regard in that Treaty of Peace for the Causes 
afores"^ Cromwell did not think fitt to restore to y® french 
the Forts & Castles afores'' w*"'' chiefly concern y'' Kirks. 
Therefore seeing there was no other or better reason could 
be assigned of the Seizing upon & deteyning those Forts 
then a plain & manifest violacon & breach of that League 
concluded in aiio 1632: ever since the s'' Forts w*'' that of 
Quebeck had been resigned into the possession of the French. 
And in regard y^ Loss and damage ariseing by that violacon 
a breach of the peace, doth only concern & fall upon y° 
Kirks (the like occasion of Complaint happning to none 
other of the English nation beside) For these causes & re- 
spects they w*^ great confidence & Submission hope that 
your Ma'y will please to consider with your self, & accord- 
ing to y^ Equity & merits of y** Cause to order & determine 
that those Forts above menconed (which soever shall seem 
good to your Ma'^ either to retayn them or restore them, to 
the French or otherwise to grant or dispose of them to any 
others as your Ma'^ shall think fitt) may yet according to y® 
law of Equity be liable for & obliged to make good & fully 
to satisfy all such losses & damages as the Kirks especially 
above all others of the English nation, have Susteyned & 
suffered by means of y® French/ 

All which Premisses they do most humbly referr and 



240 DOCUMENTARY HISTORY 

Submitt to your most Excellent Ma'^ & your most lion'''® 
CouDcill/ 

L. Kirke. 

J. Kirke. 

W^ Turner/ 

This is a true Translation agreeing w**" the 
originall being made & taken this tenth 
day of Septemly 1667. examined/ 
James Windus. 
By vs AY™ Fashion/ 



The Title of the English to Acadia or JSFova Scotia and the 
Comodities it yields./ 

Title of the English to Nova Scotia./ 
Nova Scotia or Acadie (as the French call it) was discov- 
ered by the English unto y" River Canada in the Eeigne of 
Henry y* 7"' further discovered in 1535 in Q : Elizabeth 
Reigne, see Hackluyts 3*^ Volume & Purchas his Pilgrimage 
8"' Booke./ 

In 1627 and 1628 : There hapned a warre betweene France 
& England, S"" Lewis kirke, John Kirke & Partners, and S 
W"" Allexander sent severall Shipps thither, and Surprised 
the French Shipps sent with Provisions to strengthen it & 
afterwards. Port Royall, Fort Quebec, Cape Breton and 
severall other places. 

Afterwards, viz* on 24*'^ Apr: 1629 Acts of Hostility 
were to cease, and all taken two Months after that to be re- 
stored to the great damao-e of Kirke &c. 



OF THE STATE OF MAINE. 241 

March, the 29"' ir>32, By an Article of AgrecmS Acadia, 
Canada Port Royall, Fort Quebec and Cape Breton Avas to 
be delivered to the French, the French King to pay 4436^ to 
S"" Lewes Kirke by Du Cape a French man, who was pro- 
tected by the French King, that he could not be Compelled 
by Courts of Justice to pay the Same. 

The King our Soveraigne did not intend to Quitt y'' title, 
but y« 1P'> May 1633, on consideration of 50000 : Charges 
y^ Kirkeshad been at, in Surprising Quebec, and other places 
on the River of Canada, which before were under the 
French King, and in regard of the Obedience of Kirke, in 
Complyance with the Treaty, did by Pattent of 11"' May 
1633, grant unto Lewis Kirke, the Sole Trade into y'' s*^ 
River, Gulfes Lakes and adjacent Islands & Continents, on 
both Sides the Said River for 31 years :/ 

In Febr : 1633, Kirke Set out a Ship called the Mary For- 
tune bound to the River Canada ; (there being peace be- 
tween England and France) where Shee traded a Month, 
and y® Bon Contempt, Vice Adrairall overpowring her, 
brought her to Diepe, where Shee & her Lading were con- 
fiscated being worth 12000'/ 

The Complaint for this Ship and the 4436' being Continued 
no redresse was granted. 

In 1654 Cromwell in hostility with the French armed out 
a Fleet, w*^'' Seised on Port Royall, Fort S^ John Pentagoet 
&cV 

Nov'' the 3'^ 1655, the French waved their Claime as to the 
present Restitution of those places, but referred y^ decision 
of that and other differences to arl)itration. 

Accadia, lyes betweene, 42'' and 45'' of North Lat : in- 
cluding the great River of Canada w'^'' Containes the Gulfe 
of S*^ Lawrence w''"' at the entrance is 22 Leagues Broad and 
extends its selfe 800, miles west & by South, into many 
great Likes lying on the back side of the English Planta- 
16 



242 DOCUMENTARY HISTORY 

tions, it may therefore concerne his Ma"« to keepe the places 
Demanded by y" French Arabas: adors and to Plant Colonies 
up & downe Canada and Nova Scotia/ 

It is fertile in Corne & Pasturage./ 

It is stored with Comodities supplyed by the Sound as 
Pitch," Tarre, Hempe Masts, Timber, Furres w'^'^ single 
Trade will bring great Revenue to England and other Ad- 
vantages besides Copper & other mines. 

The reducement of "it under his Ma"«^ Dominions will 
divide America with the Spaniard and unite all our Planta- 
tions Between which the French do now mterpose, and if 
not timely prevent d will give them an Advantage to de- 
stroy the Trade of Scale ; Whale, Cod, & Morse fishing, 
w='' though Plentifull, is the least thing Considerable, & by 
degrees make them al)le to infest our S'^ Plantations & dis- 
turbe our N ivigatioas in those Seas, and per hance Arme 
the Indians against us./ 



For Major Daniell Denison Major Will Hathorn Cap 

Rlcltard Waldeii/ 

Gentlemen as wee feared soe wee find our time would bee 
spufl out in frutless & in-significant papers. To y*^ best wee 
signified to you by y owne Messenger our readiness To 
shew our Comission Though wee are nott convinced of any 
necessitie to giie Copies Wee haue acquainted you with y« 
first part of our Message wherein had you beene pleased to 
satisfie us, you had spared us y^ deliuerie of y^ second, 
which though perhaps unacceptable to you, Yett ourfidelitie 
in y' discharg of our trust doth necessitate us to Lett you 
understand. 



OF THE STATE OF MAINE. 243 

Wee doe therfore in y« Name & behalfe of y« GeneraH 
Court of y" Massatusetts Protest against y« Late actings as 
Injurious to y« Authoritie of that Court, Tending to y« dis- 
turbance of y« peace of y« Inhabitants of Yorksheere & 
Contrarie to y"" solemne engagements And doe hereby in his 
Majesties Name requier you to returne to y« subjection & 
obedience To y« Generall Court of y« massatusetts accord- 
ing to y« Articles & subscription att kitterie York Welts & 
sparwinck & y* you forthwith quiettlie dissolue this assem- 
blie called by y' owne Authoritie/ 

Gentlemen y' Compliance wilt bee noe disadvantage in 
this case wee are pers waded y« Calmer or more sedat reflec- 
tions will preuaile you to account us 

Y^ frinds & seruants/ 
Daniell Denison — 
Wells. May 27./ 16r,2./ Witt Hathorne — 

Richard Walden — 
Comissioners of y" Massathusetts/ 
Vera Copia 

Francis Neale — secretarie — 



Gentlemen/ 

Wee y« Commissioners of Fardinando Gorges Esq' 
Whose Authoritie is deriued from his Majestic doe in his 
Majesties Name protest against any Arbitrarie proceedings 
of any pretended Authoritie Whateuer nott immediatlie de- 
riued from his sayd Majestic tending to y*' breach of y" 
peace of this Prouince To y« Justification of which Act 
Wee declare our selues Legallie oblidged, And doe requier 
you in his majesties name to abstaine from Unjust molesta- 
tions of us or y« good people of this Prouince & in soe 
doeing you will find vs bee 

Y« reall frinds & Loueing Neighbours & seruants — 
May y« 27. 1662./ 
Vera Copia &c ; &c ; 



244 DOCUMENTARY HISTORY 

Wels this 27'h 1662. 

Whereas y^ worships desier our Concurrence with y' 
selues in Compliance & subjection to that Authoritie w<=^ 
you declare you haue From Fardinando Gorges EsqV 

Our Answer is Considering our present estate y' as our 
Subscriptions & oathes haue Ingaged vs to y<^ Massatusetts 
Authoritie wee humblie conceaue itt most Agreeable to 
right reason & the Cuntries saftie to Equesse under y^ sayd 
Authoritie untill opportunitie giue a seasonable time of 
triall to the gentlmen of y^ Massatusetts & r Worships of 
this Cause before his majestic our Supream Judge unto 
whom our subjection is att all times readie as his pleasuer is 
pleased to desire itt as appertaining to y*^ one or y*^ other — 
(Richard Nason dissenteth— Wilt Phillips Speaer in y« 

one of ye deputies) behalfe of y« Deputies — 

Vera Copia &c : &c : 



The Warrant of y' Comissioners of / Massatusetts for 
if calling of a Court att Wells/ 

To y^ Inhabitants of y« Countie of York/ 
These are in his Majesties Name To Wilt & requier you 
& euery of you To whom Notice of these presents shall 
come to appeare before us y« Coinmissioners of y« Generall 
Court of the Massatusetts assembled att y« house of Francis 
Littlefeild in Wells, att three of y^ Clock r 27*^ of this 
instant to receiue such orders & directions as shall then bee 
Communicated to you from the Gerierall Court./ 

By y'' Comissioners of Daniett Denison — 

y«" generatt Court/ Witt Hathorne — 

Giuen att Wells Kichard Walden/ 

y« 27 May 1662/ 



OF THE STATE OF MAINE. 245 

To Nathaniell Masterson Marshall ot 
y® Countie of Yorke/ 
These are to Will & requier you to publish our aboue 
written Warrant withoutt delay To as many of y® Inhabi- 
tants of Yorksheire as y* time will permitt requiring them 
to giue theire attendance as is therein expressed 

By ye Couiissioners of Daniell Denison — 

the genera] 1 Court/ Will Hathorn — 

May 27 1662/ Richard Walden/ 

Vera Copia Francis Neale — secretarie/ 



J*^or M"^ Henry Jocelyn — Cap^ Francis Champernoone — 
Major Mc : Shapley — iHf Robt Jordan — iltf Tho 
Purchas/ 
Gentlemen, 

Wee bee seech you att Last remember y^ solemne oathes 
to y® Authoritie of y^ Massatusetts immediatelie deriued 
from King Charles y® first, A : do : 1628 by his Charter w'''^ 
his present Majestic our gracious Soueraigne hath beene 
pleased to Asseuer vs shall bee Confirmed to us. Wee are 
nott a frighted by any Comissions from Fardinando Gorges 
esq"" vpon what pretence soeuer resting Confident in his 
Majesties Justice & fauor against all pretenders in whose 
defenitiue Judgment in this case wee shall acquiess butt till 
y* bee made kuowne to y® generall Court of y* Massatusetts 
you cannott without breach of Faith executt any orders or 
Comands from any pretender. Gentlemen you haue made to 
Large a progress in these disorderlie Actings wherein if you 
shall Continue to y* disturbance of y* kings peace you will 



246 



DOCUMENTAEY HISTOEr 



inforce vs to change our stile you know wee cannott owne 
M'' Gorges Conaissioners if you writte Jus quo wee must 
return quo Justly wee may nott playe with you, butt once 
againe advise & requier you to put y' period to y' unjust 
violations of y* right of y* Massatusets y'' owne faith & y* 
peace of this People in soe doeing wee shall rest/ 

Y'" frinds & seruants' 

Daniel! Denison — 

Will Hathorne — 

Richard AValdeu — 
May y* 27 1662/ 
Vera Copia Francis Neale — secretarie- 



Comissions of y^ 
Massatusetts/ 



Resolued hy the Trustees of Fardin : Gorges Esq'' and 
Lord Proprietor of this Prouince of Maine by Authoritie 
deriued to him from his Sacred Majestic of blessed memorie 
being now in cession That Wee neither doe nor may by any 
meanes approue Consent to, or pass into an Act ; The motion 
& ishew of this presence, as being destructive & auers to 
y* Libertees of y* free holders of this prouince & against 
y* honour properties & rights of our Lord Confirmed unto 
him by supream Authoritie & Condescended unto by the 
Free holders of y* Prouince, wheras you Conceaue & declare 
y'' Conceptions ; as most agreeable to right reason And y' 
saftie of y* Cuntrie That wee should Aquiess wee Answer 
y* itt is immediatelie Contrarie to y^ Magna Charta of our 
Nation and destructiue to y* whole Law which is y' right 
reason, whereas you appoint vs to oppertunitie & seasons of 
trialt. Wee declare wee are as yett free from any attamts 



OF THE STATE OF MAINE. 247 

process or Acts of Law from his majestic or any vnder him 
to Comand vs to any such tryalls butt are by him & his 
appointed ones to be calld thereunto w''' must bee by vs & 

all obayed. 

Francis Neale — secretarie — 

Wels this 27"^ 1662./ 

The house desiereth to know whether you haue any 
further motions or bills to present unto them as Likewise 
according to y" promise a List of y'' deputies Names 

Francis Neale — secretarie — 
Vera Copia Francis Neale, secretarie/ 

The Names of \f Trustees./ 
Leeften* : 1 : Will Phillips speaker 

2. M"" Georg Municy 

3. M"" Edward Rishworth 

4. Humphry Chadborn 

5. Richard Nay son 

6. M"" Will Symonds 

7. John Sanders 

8. Arthur Anger 

9. Christopher Lawson/ 
10. Tho : Haynes/ 

Wels, 27 May (62.) 11. Walter Matthewes/ 

In relation To what you sent vs W^ee haue nothing 
to say Will Phillips, Speaker 

Vera Copia &c :/ 



After y^ foregoeing passages vpon Conference with M"^ 
Jocelyn Major Shapley & y^ other Gentlemen which Con- 
tinued to assert y*^ interest of M"^ George in y* Countie of 
York part of y' Prouince of Maine itt was mutuallie agreed 



248 DOCUMENTARY HISTORY 

That M"" Henry Jocelyn Major Shapley Cap* Walden & 
Cap' Pike should keepe a Court att York one y^ first tues- 
day in Juli next for heareing and determining all Causes 
Ciuill & Criminall proper to there Cognizance According to 
Law & y' y" Records bee Transfered to York & deliuerd to 
M'' Rishworth who shall bee ready safely to returne y^ same 
att y^ said Court into y* hands of y* then elected Rscorder 

And itt is agreed That y* Clearkes of y^ Writts shall 
issue forth all process in y^ Kings Name after this manner. 
These are in his Majesties Name To will & requier you to 
appeare &c Alwayes prouided this agreement shall nott 
prejudice y^ right & Interest of any partie Claming Juris- 
diction ouer y' sayd Countie or Prouince/ 

Danietl Denison, Witt Hathorne, Rich Walden 

May y« 28. 1662/ 
Vera Copia &c :/ 



\_DeclaTation of lioht. Jordan, Comiif for Ferd. Gorges, f] 
Att & To a Respectiue assemblie att Acomenticus other- 
wise undueli stiled York in y* Prouince of Maine the first 
Tuesda}'^ of Juli 1662/ by Robert Jordan Comissioner/ 

God Saue the king. Charles y^ 2'' king of that name 
King of England. Scott : France & Ireland & all y* domin- 
ions & Territtories thereunto belonging Supreame Gouer- 
nour./ 

I doe requier. That Cheiflie & aboue all y* Justice bee 
first don to y* Crowne of England, That his sacred Majestie 
bee nott disinherisoned. 



OF THE STATE OF MAINE. 249 

I doe requier that noe manner of Authoritie bee heare ex- 
ercised butt such as is deriued from y* Crowne./ 

I doe requier That noe person or persons under any pre- 
tence whateuer execute or Cause to bee executed any Act of 
Law or pretence of Law withoute a due publication of his 
or theire Comission thereunto./ 

I doe requier That in case of any pretentions, or Reall 
Patents granted by his sacred Majestic to seuerall persons 
who haue Warrantie, That then y^ Justices desist until! in- 
formation bee giuen thereof to his Majestic & Aid of him 
required, if Warrantie apj^eare : otherwise I requier a pro- 
ceed and execution of Justice Legallie within this prouince./ 

I doe requier in y^ behalfe of y" Parliament of England 
& euery free denison there of, That noe waigeing of Law 
in any kind or degree bee permitted withoutt witnesses & 
pares, That Justice in itts maner or matter bee nott sold 
l)aterd Compounded or agred ; defered or denied one any or 
Considerations contrarie to y^ Magna Charta/ I doe Requier 
for y* Honour of ye most High Lord Chanceit of England 
That noe man bee permitted to Act as a Justice of y^ Assises 
Nisi prius Goale deliuery or y^ peace butt such w^ho are 
by him thereunto Comissionated/ 

I doe requier that noe person or persons be allowed or 
permitted to Act or Doe Justice ; Who is nott Learned in 
y* Lawes ; who is nott a resident in this prouince of Maine, 
who has nott taken y^ oath of Supremacie ; Who doth nott 
take y* oath of y" Justice of Assises Goale deliuery or y" 
peace ; Who is or may appeare to bee guiltie of Treason or 
Chargd with suspition thereof; Who hath Comitted & is 
guiltie of Jeofaile or faulture of Justice, pretending his 
Majesties Name butt nott acting his majesties office/ 

Acted and acknowledged by mee — 
Robert Jordan — Coramissy 



250 DOCUIVIENTARY HISTORY 

A Coppie of Esq"" Gorges Comission''^ order to Francis 
JVeale/ 

Mem : of a resolution of the Comm" of F. Gorges/ 

This 6*^ of Juli 1662 in y*^ fowerteenth yeare of his Maj- 
esties Rainge, itt is Resolued y' Francis Neale secretarie shall 
draw vp due & true Coppies of all such Acts& Interactions, 
Haue passed from y* tirst day of Esq' Fardinando Gorges 
assertion of his right to y" Prouince of Maine after y^ 8**^ of 
August in y^ 12"" yeare of his Majesties Rainge to this present 
& shall have y^ assistance of M"^ Ro15t Jordan in his soe 
doeing And before they are transmitted to y^ sayd Esq"" 
Gorges y* sayd Coppies are to bee submitted & presented 
To Henrie Jocelyn Esq'' for his approvements & subcription 
Giuen under our hands die predicto/ 

Henry Jocelyn, Jus quo 
Nicolas Shapley, Comission""/ 
Robt Jordan 

I Francis Neale this 7"^ of Julie in prosecution of y* 
aboue written Comand, Demanded of M"" Edward Rish worth 
bis assistancie in reference to y^ Records which are in his 
Custodie./ 

His Answer was as foUoweth. 

M"" Jocelyn & INIajor Shapleigh gaue him noe order in re- 
lation to any such Concernment Neither hath he receiued 
order From Cap"^ Pik or Capt Walden when they were 
assembled together in y* Last Court or presence att York of 
any such Comand & therfore he is nott willing to deliuer 
any such Records relateing thereunto./ 
Juli y* 7*^ 1662./ Vera Copia Francis Neal — secretarie/ 



OF THE STATE OF MAINE. 251 

Lew from M" Godfrey to M" Fovey. 7'* Aiyrill 1663. j 
' For the Right worships Thomas Povey thes p'sent/ 

Letf^ from M"^ Godfrey to M-" Povey ab' 
a discription of y* province of Maine 
H° Sir 

I haue Fondly wrot 3^0" A briefe discription of the guince 
of Mayne how it standeth att p''sent : know if Columbus 
offered the discouery of the West India to Ilenery the 7^^ 
yo" ar att p''sent offered a tracte of land all reddy discouered 
& in pt populated w*'' Inglish : w'^'* for Futuer & discouery is 
of more Consarnement then any pt of America as yet 
setteled one by the Engliss & that yo" may haue p''sent g fit 
w*"out I'* Charges Honor & good to yo' selues, w*"^ yo" 
& my lord Roberts sone i2i Ilender Glory to god gave to his 
Ma" benyfit to y"" selues & good to the whole Cuntery send 
but for Gorges to ni Francis lutterells att Grase In & taulke 
w*'' him, yo" will fynd him a man not Capable of such a 
great busines to bee the undoing of soe many loyall subjects 
& suffer thos ptes of the w''' tell 1652 had euer liued. Ac- 
cording to his ma" lawes as by the Report yo" know & ys 
hand testifieth but now is mad a Recepticle of thos of Heugh 
Peeter : Vane : Vener : Baker : Potter who to ouoyd ther 
p''cipies fly theather (con sacre in Saco) for shelter & keep 
us Loyall subjects out of our Inheritanc after : 30 : yeares 
possetion soe deerly bought now in Great mysery except 
God rayes Freinds I humblie desyer yo" to taulke w"" my 
lord Roberts sone ni Ilender & that I may know yr resolu- 
tion though Gorges Grandes haue Plunderd by house in 
New England & possesed them selues of most of my Collec- 
tions Records p''sidents & paps of 55 yeares trauell I haue 
sufficient heer to Gard a Right Course & settell thos pts as 
foniily to any reasonable man & that w"'out 1*^ charges but 



252 DOCUMENTAKY HISTOKY 

p^'sent g fit to the undertakers I humbly craue two words m 
Andswer & Rest 

Yo'" saruant to bee Couided 
Ludgat ad. 7 Aprill 63/ 

Edward Godfrey 

Att the Cloosing hereof uuse 
is brought mee that one lii 
Nicolas belonging to the 
Duke of Yorke is to goe 
fro New England w'^'' yf 
yo" may Informe him of me. 
I haue all passeges of 40 
yeares in that Cuntery well 
shewe him & yo" what is 
needfu. Ed Godfrey./ 



A Resume 
An Abstract, of Orirf Ace* lo"^ is in Latin <& French 40 pp. 
re the Title of Lands &c : in Nova Scotia &c : 
The opinion of "VY. W., in pursuance of a Ro^^al Mandate, 
upon the question between the K. of France, & Thomas 
Temple Esq"" for himself & the King of Eng., as to his in- 
terest in the lands & foitresscs claimed by the Amb. of the 
K. of France./ 



OF THE STATE OF MAINE. 253 

I 

A. Facts. 
The representation of the Amb. of the K. of France/ 
1. Port Royal, Fort S' Jean & a considerable parcel of New 
France taken possession of in 1654 by some English private 
indiv. under color of reprisal./ 

Matter referred in 1658 to Commissioners — nothing 
done. — Prays restitution. 

II 
Representation on the side of K. of Eng./ 

1. Occupation in 1606 of Nova Scotia by Charles S' 
Estine de La Tour, & foundation of Fort S* Jean. 

2. Claude S* Etienne de la Tour takes possession of Cape 
de Sables &,c ab. 1606. 

3. James I. grants these lands to W™ Alexander in 1621 
by name of Nova Scotia. 

4. Car. I. confirms grant ab. 1625. 

5. Claude & Charles afores'^ Naturalized & created Baron- 
ets & Barons of Nova Scotia/ 

6. W^ Alexander by Pat. 13 ap. 1630 granted all the 
territory a Mirliqueth & a la Haue on the E. to Pentagoet 
on the W., with P' Royal, Fort S' Jean, at Pentagoet to 
Claude & Chas afores^' in fee to be held of the K. of Ensr- 
land. 

7. Which were so held by them with' interruption/ 

8. All these lands & forts in N. Sc. are distant by many 
hund. leagues from Ncav H. & were never held part of it./ 

Ill 
On the part of T. T. for the K. of E. & for his own 
right./ 

1. Two Port Royals, one in N°. Sc. one in N. Fr. the 
former belongs to K. of Eng. latter to K. of Fr./ 

2. Fort S' Jean & Pentagoet not mentioned in Treaty bet. 
Louis 13 & Charles of 1632, which had in view not the res- 



254 DOCUMENTARY HISTORY 

titution of the territories of Acadie, Canada, but of all the 
places occupied in N. Fr. by the English. 

3. The Port Royal mentioned in treaty most likely not in 
N. Sc. but in N. Fr./ 

4. K. of Fr. never had Port Roy. in N. Sc. nor F' S* 
Jean's nor Pentagoet nor Cap Sables nor Cap Breton in N. 
Sc, nor any part of it bef. sd treaty of 1632. &c. 

5. Hostilities against English in N. Sc. commenced by 
Donee after treaty — takes possession of Port Roy. in N. 
Sc. — expels Charles S' Etienne de la Tour from F' S. Jean's 
— who afterwards marries his widow & regains possession of 
P' Roy. Fort S' Jean & Pentagoet. 

6. French expelled from N. Sc. in 1654 by Sedgewicke, 
who takes possession in name of Oliver Cromwell. 

7. Treaty between Louis 14 & O. C in 1655, referring 
question of restitution of forts to Commissioners/ 

8. No Commissioners named by Louis — forts derelict by 
desertion./ 

9. Forts granted in 1656 by O. C. to Charles de la Tour 
& T. Temple to be held by latter in fee under G' Britain. 

10. Said T. T. then took possession, held, & Now holds 
these forts./ 

B 
Then follow quotations from legal authorities on both 
sides with a discussion on the arguments J9?'0 c6 con./ 

The final opinion being in favor of the right of K. Chas. 
to the forts./ 



OF THE STATE OF MAINE. 255 

4'^Febr: IGGJf. LeW pom Coll. Cartioriglit. 
Col. Geo. Cartwright to Col. Nicolls./ 

This day S"" Robert Carre delivered me your letter, for 
w*^'' I thank you ; and shall, (to the utmost of my power, in 
order to all my obligations, those of discretion, as well as 
Loyalty) endeavour to observe all his Majesties instructions : 
Here we find a great probability of ol)struction (of w'''^ I 
gaue you information before, but fearing it m.ay have mis- 
carryed, shall tell you them again.) It is reported here, 
y' we have already cost this country 300" Major gen" Leveret 
(I am told) hath received 34" for his expences extraordinary 
in entertaining you ; it is reported also y' we are to demand 
12'' for each acre of ground improved, & 3000" a year be- 
sides, y* we are to infringe the discipline of the church by 
compelling children to be baptized ; & that we interrupt 
their form of government, by our admitting of appeales ; 
here are also severall whisperings, & laying of wagers, that 
we shall never sit here as Commissioners ; and it is certain, 
that these people have twice sent letters to my L'' Chancelor 
since August last. Upon these considerations, I doe think 
it will be better to beginne at Conecticote, and to despatch 
the other 3 colonies, before this. For, if we have good 
successe there, it will be a strong inducement to these to 
submitt also to his Majesties Commission ; and if these 
should any wayes oppose us, it would be an ill precedent to 
the other , then the difference betwixt M"" Gorge's patent & 
this, does seeme by the kings letter so reserved to himselfe ; 
but those that are concerned in it, hope before May to have 
letters, & orders to referre it to us ; & it is probable, y* by 
that time, we also may have letters for our further instruc- 
tions ; and this Colony being both the richest, greatest, 
most populous, & inclinable to a common wealth, we ought 
to have the greatest circumspection about it. I cannot con- 



256 DOCUMENTARY HISTORY 

ceive how it is possi])le for us to get a good election made 
for the next generall assembly, seing none can elect, nor be 
elected, but such as are church-members, and of them, 
there is never a barrel better herrin. I think, it will be the 
best therefore for us to take all the best cources we can, & I 
know none yet besides writing to severall friends, to desire 
all the country to come in at the next court of Election, 
w*-* will ])e in the l)eginning of May, that we may communi- 
cate to them what the king hath given us in command ; and 
then to deal with them, as wel as we may. I hope, I shall 
prevayle with S"" Eo])ert Carre, & M"" Maverick, y* we may 
be at Road-island, before the tirst of March at the furthest. 
I have seen all the papers, w'^'' you have sent, but have not 
perused them yet, & therefore do not understand how we 
can be both judges, & solilcitors in Duke Hamiltons, & M'' 
Masons cases, but I hope when I have read, & considered 
y™ that difficulty may be resolved. Here is now a court sit- 
ting in Boston ; & M"" Winder hath had a great tryall gone 
against him ; he had many substantial! men, & merchants 
that gave evidence, for him, upon their oathes ; the other 
party had but one witnesse sworn, yet him selfe being a 
church member carryed the cans, hard l)orn. I am very 
glad that M"" Willet entends to goe immediatly to you, (by 
Avhom I hope this letter Tvill come safe to your hands) I 
believe him both a very honest, and an able gentleman ; 
and y' he will serve you both for a Mayor, & a councelor. 
I wil onely say, that the fort is not to be kept 2 dayes 
longer, nor 2 bowers, by having the walls raysed higher, in 
my opinion and therefore a battery upon the point would be 
of greater advantage, & more considerable then the fort it 
selfe, if ever the town be fortifyed, the same materialls will 
serve in both places. Major general Leveret is making such 
a work under the fort-hill, & removes great stones of ten 
tun w^eight & more. The Dutch expect the English lawes at 



OF THE STATE OF MAIXE. 257 

their six months end ; and it is probable, they wil rather 
take that for oppression, w'^" shall be imposed on them after- 
wards, then for the present, acknowledge your indulgence 
in letting them, for a while longer, use their own la^wes ; 
but your own convenience in this, is the greatest considera- 
tion. Here is another vessel goes for England about U 
dayes hence. Against May, I pray you send me order 
where & how I may receive the remainder of the 250" ; I 
have not gone to dinner with any towns man since I came 
suspecting them to be, as I fear they are, yet all such as' 
come to see me, and those are very few, I use as civilly as 
I canne. The saving of a little expence shall not be an oc- 
casion in me of hindring his Majesties service, so much I 
have considered these peoples temper, with his Majesties 
caution. That all designes of profitt for the present seem 
unreasonable, & may possibly obstruct the more necessary 
designe upon their obedience, & loyalty. They have altered 
the law for freemen, w<='> I send you enclosed, I like it not, 
the reason is so visible, I wil not trouble you with it. But 
with my hearty wishes for your prosperity & successe there, 
and for your company, & assistance here, rest 

^ ^ , Your most aflectionate servant 

L-ap : Jireedons. 

^^^'■-^-^QQ^ George Cartwright. 

S^ We have perused the lynes aboue we know all to 
be truth, we ernestly desire your p^sence heare if possible 
by the 20"^ of Aprill, the day of election beinge the 3^^ of 
May, in the meane tyme we shall doe what we can, by way 
of p^paration and desiringe to heare from you by all Con- 
vay-ances We Remayne 

You'' most assured freinde 
and humble seruant 
^>^i; r Feb: 1664; Robert Carr. 

Lettrfrom Coll Cartwright Samuel! Maverick. 



258 DOCUMENTARY HISTORY 

The King's Comm''* comm" for Justices of the Peace in 
the Province of Maine./ 

By the Kings Commissioners for setling the affaires of 
New England. 

We haveing seen the severall Charters granted to S'' 
Ferdinando Gorges and to the Corporation of the Massa- 
chusets bay, & received severall peticons from the inhabi- 
tants of the Province of Mayne, which is layd clairae unto 
but by the heire of the said S'' Ferdinando Gorges, & the 
said Corporacon, in which peticons they desire to be taken 
into his Ma*'*"' immediate protection, & governm* And have- 
ing considered, that it would be of ill consequence, if the 
inhabitants of this province should be seduced by those of 
the Massachusets Ijay, who have already by sound of Trum- 
pet denied to submitt themselves unto his Ma*'^^ authority, 
which by CoiTiission under his great scale of England, he 
hath been pleased, to entrust us with ; looking upon them- 
selves as the supreame power in these parts, contrary to 
their Allegiance : & derogatory to his Ma"*^' Soveraignty : 
And being desirous that the inhabitants of this province 
may be at peace amongst themselves, & free from the con- 
tests of others, & the inconveniencies Avhich thence must 
necessarily ensew, to the end they may be so : Wee by the 
power given us by his sacred Ma"® under his great scale of 
England, do by these presents receive all his Ma"^^ good 
subjects, living within the Province of Mayne, into his 
jyjj^ties ixiore immediate protection, & Governm* And by the 
same povv^er, & to the end this Province may be well gov- 
erned, wee hereby nominate, & constitute M"" Francis 
Champernown, & M'' Robert Cutt of Kittery : M'' Edward 
Johnson, and M' Edward Rish worth of York ; M' Samuel 
AVheelwright of Wells, M-" Francis Hooke, & M"" William 
Phillips of Sacoe, M"" Georg Munjoy of Cascoe, M'' Henry 
Jocelyn of Blackpoint, M"" Robert Jordan of Richmond 
Island ; and M"" John Wincoll of Newgewanack Justices of 
the peace ; And we desire, & do in his Ma"®' name require 



OF THE STATE OF MAINE. 259 

them, & every of them to execute the office of a Justice of 
the peace, within the province of Mayne : And we hereby 
authorize, & mipower j^I'" Henery Jocelyn, & M"" Edward 
Rishworth Recorder, or either of them to administer this 
Oath under written which themselves have taken, before 
us, to all the fore named Gentlemen who have not taken it : 
before they shall act as Justices of the peace. And we 
hereby give power, & authority to any three, or more of 
the above named Justices of the peace, to meet at conven- 
ient times, & places, as heretofore other Magistrates have 
mett ; or as they shall thinke most convenient ; & there to 
heare, & determin all causes both civill, & criminall ; and to 
order all the afiaires of the said province, for the peace 
safety & defence thereof; proceeding in all cases according 
to the laws of England as near as may be : and thus to doe 
untill his ma"'' will please to appoint an other governm' 

And in his Ma*'^ name, we require, & command all the 
inhabitants of this province to yeild obedience to the said 
Justices, acting according to the laws of England as neare 
as may be. And in his Ma"*^^ name we forbid, as well the 
Commissioners of M"" Gorges, as the Corporation of the 
Massachusets bay, to molest any of the inhabitants of this 
province with their pretences : or to exercise any authority 
within this province, untill his Ma"''^ pleasure be further 
knowne, by virtue of their pretended rights. 

Given under our hands, & scales at Yorke within the said 
Province 23*^ day of June, In the seaventeenth year of the 
reign of our Soveraigne Lord Charles the 2*^ by the grace of 
God King of England, Scotland, France, & Ireland &c : 
And in the yeare of our Lord God 1665./ ' 

Robert Carr O Scale 

George Cartwright O Scale 
Samuel Maverick O Scale 

Wee also desire y' all who lay claime to any land 
in this Province by Patent to have them forth 
coming by this time twelve months. 



260 DOCUMENTAEY HISTORY 

The Oath 
You shall sweare, that as Justices of the peace in the 
province of Mayne you shall doe equall right to the poore, 
& rich, after the Laws, & customs of England, according to 
your conning, wit, & power : And you shall not be of coun- 
cel of any quarrel hanging before you ; You shall not let for 
gift, or other cause, but wel, & truely you shall do your 
office of Justice of the peace, So help you God &c. 

Robert Carr. 

George Cartwright. 

Samuel Maverick. 

Unci: 23. June, 1665. S" B. Carr c§c; 

{his Ma*"' Co7nm" for ?/* settling 
of the a f aires of New England) 

doe by these prsents receive 
all his Ma*^^ good Sub*' of if province of % 

Mayne into his 3Ia*^'^ 
more imediate protection : (& doe ^herein 

Constitute 11. Justices 
of y^ peace, to act according to y^ lawes of 

England: S in his 
3Ia*'^' name Comand <& require all y^ Inhabitants 

to yield them 
obedience. . . is doe forbid M' Gorges Com^' 

<& if pretences of the 
Massacusets : (who by sound of Trumpet have 

declarhl ag* them 
his Ma"^ Com") That all y* pretend Patents 
for land in this province doe put in their claymes 
by this time 12. moneth. 
Insert y^ Oath, taken by y^ s'' Justices/ 
A Copy of the Comission for 
Justices of the Peace in the province 
of Maine/ 
dated 23'' June 1665/ JVo. 7. 



OF THE STATE OF MAINE. 261 

The King's Comm'' to Sec. Lord Arlington/ 

s-- 

After the Court at Boston was ended (of which we 
sent you an account before) we went to visit the Eastern 
parts, & first we past a tract of Land laid clainie to by M'" 
Mason, who peticoned his Maj"'' about it ; his Maj""^ referr'd 
it to S'' Robert Mason, & others, who made their report to 
the King; all which M"" Mason sent to Colonel Nicolls, 
whom he made his Attorney : This Province reaches from 3 
miles north of Merrimak river to Piscataquay river, & 60 
miles into the Country : We find many small Patents in it, 
& the whole province to be now under the usurpation of the 
Massachusets, who once set up a bound house 3 larg miles 
north of Merrimake, & owned it for above 12 yea res, yet 
since claimes all this, & 60 miles more to the north to be 
within their patent. Col/. Nicolls being bound to attend de 
Ruiters attempt against New Yorke, & not being here, we 
left them as we found them, under the Massachusets gover- 
ment ; though they were very earnest, to be taken under 
his Maj"'^^ government, as will appeare by their peticons, 
which we have sent herewith. From Piscataquay, East- 
ward to Sagadahock, & 120 miles into the country is an 
other province called Yorkshire now by the Massachusets 
under whose governm' we found it, formerly called the 
province of Maine, in the Kings Charter, by which it was 
granted to S^ Ferdinando Gorges : The inhabitants of this 
province were much troubled by the contests of the Massa- 
chusets, & the Commissioners of M'' Gorges ; & being weary 
of the unjust, & partiall acting of the Massachusets : & 
fearefull of the proceedings of the other, generally peticoned 
us to take them into his Ma*'^^ more immediate governm' 
which we did do : & appointing some to act as Justices of 
the peace, & to hold Sessions, wee discharged both the 
other from exercising any authority untill his Maj"'' pleas- 



262 DOCUIVIENTARY HISTORY 

ure be further knowne : This hath already given such satis- 
fiiction to the people that they have peticoned his Maj'J" 
that they may for ever be governed by his commands, as 
will appeare by their peticon, which also we have sent here- 
with. And thus we did, being assured that it was the best 
expedient we could use, both to procure the peace, & quiet 
of that province, & to end the differences betwixt the two 
pretending parts for the present, leaving the finall determin- 
ation to his Maj"'^^ wisdom. In this province are 5 townes 
Kittery, York, Wells, Scarborough, & Falmouth : They 
build all by the sea side : Their townes are 5 or 6 miles long 
at the least ; though they have but 30 houses in them, & 
those very mean ones too. If there be not better governm* 
estal^lished amongst them, & more care taken of them, that 
Province will never be either well peopled, or well cultivated. 
The places beyond Sagadahock were given to his Eoyall 
Highness by his Ma"*" Yet, as Col. Nicolls desired who could 
not attend to go himself, wee have appointed some to governe 
them for the present, as there Avas great need. Upon 3 
rivers, the East of Kenebeck, Shipscot, & Pemaquid there 
are 3 plantations, the greatest hath not above 20 houses, & 
they are inhabited by the worst of men: They have had 
hitherto noe governm* & are made up of such as to avoid 
paying of debts, & being punished have fled thither : For 
the most part they are fisher-men, & share in their wives as 
they do, in their boats. Wee were up within Piscataquay 
river July the 9"' when we received his Ma"®" Ire of January 
28*^ There being an excellent harbour larg, & safe, and 7, 
or 8 ships in it, & great store of Masts, we sent warrants to 
4 towns upon that river, with an intent to have gotte that 
harbour fortified by them : but the Massachusets sent a pro- 
hibition to them, & a letter to us, by their Marshall, which 
put a stop to our indeavours. This place we think deserves 
fortifieing as much as any place in New-England. 

We are tould bv some of themselves, that they have ap- 



OF THE STATE OF MAINE. 



263 



pointed a generall Court to be on August 1'*^ to consider 
how to mannag their opposision, for that they intend to 
maintain, the bounds of their patent as far as they have 
streatch't them : and to suffer none to make warrants or 
orders within the same but themselves : and to justifie their 
owne wayes for admitting Church members, & free men, 
though the King write never so offten to the contrary : 
some few exceptions they may make as acts of their favour 
to gain some to their partie, & to serve to delude the King, 
with a shew of complyance : for if writeing will serve the 
turne (as they suppose it will) they can keep the business 
in agitation, untill the King and all his Secretaries there : 
and all his good subjects here, be weary of it. 

If nothing of greater consequence mtike them to let it fall, 
which they hope may happen : And that, if his M"® do not 
take some speedy cource, they who have declared their judgm'* 
against them will be undone ; As also all those who have peti- 
coned for any redress : And that it is the case of the loyall party 
here, as not long ago it was in England ; Though they be 
two for one ; yet they are so over-awed, that they cannot 
help themselves : That both the readiest, & surest way is, 
for his Maj"*^ to take away their Charter, which they have 
severall ways forfeited, which King Charles 1'' was about to 
do a lltle before the Scotch war in 1636, or 1637 : And if his 
Ma"^ will assure the people they shall not be tyed to religious 
ceremonys, the generallity of them will be well contented : 
But this without a visible force will not be effected. This 
advice we have had from them ; & this indeed is our owne 
opinion. We have heard severall say, though they do wish 
that the governm* was otherwise ; yet they had rather suffer 
as they doe, then take up amies against them : And indeed 
Avithout this course, it will be impossi])le for the King ever 
to attain those two ends mentioned in our private instruc- 
tions. If his Ma"^ should now let these people rest, have- 
ing so much declared themselves against his authority over 



264 DOCUMENTAKY HISTOEY 

them ; those that are well aifected will never dare hereafter 
to declare themselves, besides all the other ill consequences 
which must necessarily follow. Those who have declared 
themselves loyall, are very much threatned, & in great feare ; 
& have earnestly prest us to sollicit his Ma""" for their speedy 
defence, & safety, that they may not be Afflicted, or ruined 
for shewing their loj^alty : We therefore earnestly desire 
you to acquaint his Ma"® with their desires in this ; as also 
of haveing their children baptized : & themselves admitted 
to the Lords supper. If any thing be here wanting, we 
hope it may be supplyed by Col : Cartwrights relation, & 
subscribe our selves 

S' 

Your most humble Servants 
EC. GC. SM. 
Boston July 26°: 1665./ 

^iid : Sr H. Cai'r, &c : &c : signifie to yd" 

Lord'^ the dangerous Vsurpations 
of y" Mass : making use of his ma^"^^ authoritie 

to oppose his ma^' poiver : 
y* it is y^ Case of the Loyall partie there, 

as not long since in Engl^y 
who tho they he two for one, yet they are 

over-awed &c: &c: 
A Copy of a Letter sent by the Comm''\ to IL jSec''^ 
Benet, lo'' Col. C — went for England / 



OF THE STATE OF MAINE. 265 

Joseph Mason to Rob* Mason./ 

Pascataway. 16. July. 1665. 

Honoured Cosin/ 

M"" Robert Mason. S'" be pleased to understand by 
these y* some moneths since I writt you a Ire by one Capt" 
Harris Commander of a shipp laden for London with Masts, 
hopeing it came safe to yo'" hands, wherin I aduised you of 
the receipt, of yo"" Ire to me by the Kings Commiss" dated 
3'' may 1664 which came not to my hands untill some 
moneths since of the second coming of the Cohiiss'"' into these 
parts after their being with Dutch and reduceing the Mona- 
does — 

S"" I perceaue by yo""^ you haue impoured Gennerall Nich- 
olls for the setling yo"" province grauut. I pray God you 
may haue good Success in it, but the said Gennerall hath 
not been in these partes Since his coming into the Country 
any nearer then Boston but the other Three Commiss" are 
now here and haue been in most partes of the Country to 
understand their greevances and to take them off from the 
Bays Gouernem' but the Gouerno'" of the massachusett's with 
the rest of their Councill at Boston haue violently opposed 
their proceedings heer, and will not suffer them to act ac- 
cording to their lawful Commission and order from the 
Kings Maj"** which hath caused a stop for the present untill 
it be fully declared to his M!ij*° & Councill, To which they 
look only. One of the said Commission" is in this shipp 
returned for England to carry an acco" therof, yett thus 
much I lett you understand y* gennerally the people heer 
and in the next prouince, called the prouince of Maine are 
all desirous to be taken off from the Bay Gouernem' S"" I 
shall desire 3^ou to make yo''self knowne to this gentleman, 
Coll. George Cartright he hath taken greate paines in perus- 
ing my papers & relation to yo'' affaires for which you may 
please to giue him thanks. I haue wa^^ted on them for 



2Q6 



DOCUMENTARY HISTORY 



seauerall Dayes of their sitting and must not be 

they notwithstanding the Bayes prohibition to us not to ap- 
peare before them or their order, heer hath been a publick 
meeting of the people before the said Commiss''* and by 
their Command to heure the Kings Ire read which was sent 
gennerally to the whole Country, and at y* time the Com- 
misson" declared unto them y* they were out of the Bayes 
Jurisdiecon which was bounded by the Bay themselues many 
yeares since by a Certaine bound marke still extant, and doe 
declare the Easterne part from thence to be the prouince of 
New hampshire, in which wee are included according to yo"" 
Graunt, and withall doe promise speedily to settle the Gou- 
ernem' thereof — 



Joseph Mason. 



Und: Piseataway IGGo. ' 
Joseph Mason. 16 July. 
Coppy Letter/ 

Griving Advice to IP Mob Mason, 
And expressing the general!. Desire 
of the People to he freed from the 
Massachusetts / 



Order of the General Court held at Boston/ 

At a speciall Generall Court called & held at Boston y^ 
1^* of August 16{)5./ 
This Court being sencible y* through y® wicked practizes 
of many persons whoe doe prophane Gods holy Sabboths, 
& contemne y* pubt worsh of his house, y*' name of God is 
greatly dishonoured, & y^ profession of his people heere 
greatly scandalized, as tending to all prophanes & irreligion, 
as alsoe y' by reason of y late Order of October 20 : 1663. 



or THE STATE OF MAINE. 267 

remitting y^ fines imposed on such to y" use of y^ seuerall 
Townes, y^ Lawes made for reclaimeing such inormities are 
become ineffectual!. Doe therefore Order & enact y* hence- 
forth all fines imposed according to Lawe for prophanacon 
of y'= Sabboth contempt or neglect of Gods publicque 
Worsh reproacheing of y^ Lawes & authoritie here estab- 
lished according to his Ma^"'* Charter, shalbee to y^ use of y'^ 
seuerall Counties as formerly any thing in y*' aboue said 
Lawe to y'' contrarie notwithstanding & in case any person 
or persons soe sentenced doe necglect or refuse to pay such 
fine or mulct as shalbee legallie imposed on them or giue 
securitie in Court to y** Tresurer for payment y'' of, euery 
such person or persons soe refuseing or necglecting to sub- 
mitt to y^ Courts sentence, shall for such his contempt bee 
corporoUie punished, according as y*" Court y' hath Cogni- 
zance of y® case shall determine, & where any are Corpor- 
ally punished theire fines shalbee remitted 

By y® Court Edward Eawson — Secrety. 
For the Constable of Kittery 

who is hereby required in 

his Maj^y^ name to publish 

this order at a publick 

Toune meeting there 

p Edw : Rawson Secrety/ 

End: A copy of an Order of Court gen 
held at Boston Aug. 1°. 1GG5. 
to the Constables of Kittery/ 
No 6. 



F. Charapernowne &c : to the King's Comm" at Boston/ 

Honorab"^ ^\''// 

From wdiat we do understand p Cap' Richard Thurston, 
the Indefatigable purposes of our Imperious Neighbours of 



268 DOCUJVIENTARY HISTORY 

y" Massatusetts, are still kindleing the pursuance of y"" own 
resolued designs, & as we Conceaue ; as near as may be the 
desolueing of his Majestys authority settled amongst us, a 
way we feare as remote from there own good as our present 
peace : w'^^ the rather nioueth our now applycation to your 
Hono''^ if oportunity serve for some direction ; a lyne or 
two to o"" selues from yo"" Hono''^ would be very acceptable, 
to y*' people ussfull p preventing p'happs of there sudain 
affrights into disorders/ 

We are Informed that a generall Court order hath resolved 
some of our lyl)ertys under restrayt, w'"unto we can not be 
free, unlesse force ouer rule us, that our adversarys should 
be our Judges/ 

We hope our duty to God, allegience to his Majesty shall 
eQ Ingage our best Indeauo" faithfully to Mantaye his Maj- 
estys authority amongst us, so long as we are able, as now 
settled, If might ouer pouer us, We must be content to 
suffer, till his Majestys pleasure & authority be further un- 
derstood & better both by o"" Neighbo" & o"" selues/ 

Not further to psume at psent to Intrench upon yo"^ 
patience, not forgetting to render yo"" Hono"" many thankes . 
for yo'' care & paynes amongst us soe take leaue to sub- 
scribe our selues 

Yo"" Hono" very humble servants, 

Fran : Champernowne. 

Edw : Rish worth. 

Edw : Johnson. 

3nd : To the right Ronor^'^ 

Sir Robert Carr K* 

^ Samuel, Mauerieke Esq"^ 

his Maf^^ Comnf^ 
there p^sent./ 
At Boston or else where/ 
A Letter out of the Eastern parts 

from Cap* Champernoone, cj- 31'^ Rushivorth 

^c. a litle before 

S"" Robert Carr went thither/ Wo. 9. 



OF THE STATE OF MAINE. 269 

Eclw. Rishworth to Sir R. Carr/ 

In imsvver to your Hono" desire to me by William El- 
lingham I have this morning sent away the Marshall to give 
notice unto M"" Joceleyn, M"" Jordan, & the rest of the Gen- 
tlemen to the Eastward of the magistrates of the Massa- 
chusets being come to Strawberry bank, and of some of 
their actings there, Avith my desire as concerning it, not dis- 
agreable to your liono" mind, that M"" Jocleyn, &, some 
others of the Officers of this Province should with all pos- 
sible speed give you a meeting at Yorke, where some suta- 
ble intertainment might be provided for the Massachusets 
Gentlemen. If I have missed what your Hono'' intended, I 
am sorry ; It was for want of better understanding, ray 
ignorance was the cause of my errour, which I hope in your 
favourable eye will be the more excusable. I render you 
many thankes for your dayly care of us, & paines amongst 
us ; whereof I doubt not the continuance, till the issue of 
these vexatious molestations ; of which we shall heare more 
I hope from your Honour, and as often as occasion serveth. 
Not further to trouble your Plono'' at present, I take leave 
to subscribe myselfe 

Your humble servant 

Edw : Rishworth. 
York Q'"" Octobe-- 1665/ 

Super scribed, or endorsed 
To the right Hons'^'« S' Robert Carr K"* 
one of his ma*'"^ comissioners for the 
affaires of New England.// 

Und : Yorke. 6. Oct 1665. 
M ' E. Rmhworth 
to S'- R. Carr/ 

Hath advis'd y^ Crentlemen to y^ 
Eastward, y' y^ Magistrates of the 
Massacusets are come to Strawhury 
Banke. Hopes y' continuance of his 
oversight, till these Vexations are 
ouer./ JVo. 10./ 



270 docujMentaky history 

Sir R. Can- to Danforth &c : Comai"/ 

Gentlemen/ 

Hearing of your beeing at Strawbery-banke, & being 
informed of your strict cource j^ou intend against those, 
that have supplicated his Ma"'^ for their freedom, & liberty ; 
I could not doe less then in his Ma"*"' name require you to 
take notice of this inclosed, which is a true copy of a let- 
ter sent to Governour, &. Councell of Boston : and in his 
Ma*'''' name I do again desire, & require, you would forbear 
troubling, or molesting such persone, or persons in Straw- 
berry-banke, Dover, or Exiter, as hath petitioned his Maj""^ 
untill his Ma*'''' gracious pleasure be further knowne. This 
is all at present but that I am. 

Gentlemen 

Your Friend & Serv' 

R. C: 
Dated at Kittery 

10"^ Octob : 1665/ 

This is a copy of y'' Ire S"" Rob' Carr sent 
to M"" Danforth, M-" Lusher & M-'Leverat 
Comissioners of the Massachusets. 

3)id : Kittery. in New-England., 

10 Oct. 1665./ 

S" Robert Carr writes to y' Comm''^ 

of the Mass : not to molest those 

in Strawhury-hanke., Dover, (f Exeter., 

that have petitiorid his 3Ia*^ for 

Lihertye. sends them a Copie of 

y" Lre to y^ Governour^ ^ Councill 

of Boston./ 
A Copy of S'' R. Carr his letter 

to M'' Danforth, if Lusher, ^ 

M'' Leverat/ Octo: ICT 1665./ 

No 11 



OF THE STATE OF MAINE. 271 

Order from the Justices of the Peace of the Pro : of Maine 
to the military officers there./ 

Order from y® Justices of Maine/ 
To the military officers of y^ province of Mayn, 
In his majestys name, & under his Immediate authority you 
are required on sight here of to take effectuall Care that y® 
Trayned band under yo'' command bee ready In Compleat 
armes at the first Call of the drum : fitted with dl necessary 
gvission (if Occasion bee) for military service, to Preserve 
his Majestys laws & peace here settled, against those who 
under any Pretence or Colour of pouer should attempt to 
act, or act violence against any of his Majestys subjects by 
takeing or attempting to take away any of their p'"sons, 
interests, whither of Record' or Court Rowles app''tayning 
to this Province, And wee do further In his Majestys name 
streightly Charge & Command you according to yo' utmost 
pouer & skill, by force of armes to subdue appliend or take 
every & all such Person or Persons who shall thus presume 
or attempt to do or Act, contrary to his Majestys laws here 
established, & keepe them In safe Custody by sufficient 
Gard or Imprysonraent, untill further order be taken by 
authority, w''unto this shall bee your sufficient warrant, the 
execution w''of fayle you not as you will answere the Con- 
trary at yo"" perills. 

Given under our hand^ this 22"' of August: 1665, 
Henery Jocleyn 
A true Coppy of this order Fran : Chiimpnown Jiist^ of 
transcribed out of the Edw : Rish worth the pea : 

originall & therewith com- Edw : Johnson/ 
pared this 28 : Oct : 65 : 

p Edw : Rishworth Re : Cor : 

Und : A Coppy of the Order to if Military officers/ 
By M Jocelln^Cap^ Champernowne ^c. 22 Aug. 1665./ 



272 DOCUMENTARY HISTORY 

Sir R. CaiT, & S. Mavericke to Sec. L^^ Arlington/ 

Sir, 

It being here rumored that Col'-''' Cartwright is taken 
by a Dutch privateer hath put us into no litle confusion, & 
rendered us uncapable to give you so full an account of all 
our transactions in these parts, as we had done by him, by 
reason (that if he be taken) the originall papers of our 
transactions in these parts, are we feare lost, together with 
many materiall Peticons of severall persons to his Ma"*' and 
to our selves ; other writeings of concernment, and the 
Maps of the severall Colonies. Wee have made use of all 
oppertunities to give you from time to time Accounts of our 
proceedings : but fearing miscarriage, we hereby give you 
the trouble of perusing the inclosed papers ; and this cursory 
recapitulation of what is in our present possession. 

You formerly had account given of what was done in the 
three Southern Colonies : and (wee hope also you have rec*^ 
one) of what was acted with the Gen''^' court of the Massa- 
chusets in Boston, after our arrivall in these parts, till May 
30* for we sent you it by Cap' Harrison. Wee shall send 
you by the next opportunity the copies of all other that are 
wanting of our transactions with them ; we have them not 
here, for we sent them to New : Yorke to Col : Nicolls 

Here inclosed, amongst others, you will find a copy of 
our report to his Ma"** concerning Duke Hamiltons patent ; 
Of which if by reason of Col : Cartwrights surprisall you 
have not the originall you may please to acquaint his Ma"® 

When we were in the southern parts at Warwick, John 
Porter presented us with a peticon the copy whereof is 
amongst the others inclosed) signifying his greivance : 
where upon we ordered him to make proof of his complaints, 
& gave him his Ma*'*'^ protection, till his cause was heard by 
us &c. We came from these parts to Boston, & stay'd there 
till the accustomed time of their gen"" Court came ; at which 



OF THE STATE OF MAINE. 273 

time Col : Nicolls haply came, together with us to treat w"' 
them concerning the conteints of his Ma*"'^ comission, & 
privat instructions to us : We found them presumptions, & 
refractory, & could obtein nothing from them, that might be 
satisfactory to his Ma"'^* desires : and their answers to the 
instructions of his Ma"*^ to us (of which we gave them 
copies) were delaytory, & impertinent : Where upon, we of 
necessity, (as a Court of appealls) sumoned the Governor, 
& Company to answer to the action of M"" Thom Dean, & 
others (according to his Ma"^* instructions) in the case of 
the Ship Charles of Olleroon ; to which they not onely re- 
fused to appear: but sent to us this inclosed declaracon, 
upon May 24"' 1665 by eight of the clocke in the morning, 
an hower before we intended to have sate : and proclamed it 
by sound of Trumpet, under Col : Cartwrights chamber 
window, he being then lame of the gout at Captain Bree- 
dons, where we intended to have sit. A copy of our an- 
swer, or conclusion with them you will see annexed to the 
same coppy of their declaration. 

At this gen'*'^ Court June 2'' they comissionated M' Si- 
monds, & M' Danforth to go into the Eastern parts, & to 
oppose us in our proceedings in what we were injoyned to 
act ; as you will see by the inclosed copy of their Comission, 
a copy of which was given by them directed to S' Rob*^ 
Carr, we being in those parts, when they came to put it in 
execution ; Where being ; a letter from his ma*'® came to 
our hands signifying the War with the Dutch, & injoynino- 
us to looke after the fortification of these parts against them, 
whereupon we sent out our warrants to Portsmouth, & 
other places in those Eastern parts to that end, & purpose : 
The Governor & Councell at Boston haveing notice by some 
one of their intelligencers, sent to the Constable of Ports- 
mouth a prohibition of the peoples meeting, & to us a letter, 
copies whereof: & of our reply, here inclosed you will find; 
18 



274 DOCUMENTARY HISTORY 

As also a copy of their warrant to summons a speciall gen^" 
Court thereupon to he held Aug. 1^' Thus far was sent by 
Col'^ Cartwright an exact account of all proceedmgs with 
the Massachusets & the other Colonies, as you may please 
to see l>y the inclosed copy of the letter we sent by him to 
your Honour. 

Since that time, be pleased S'' to take notice that at the 
Gen"" Court then held, a warrant was sent by them to the 
Constable of Kittery in the Province of Mayne, a copy of 
which you have herewith : Wee haveing then setled the 
Eastern parts beyond Passataquay river under his Ma*^'"^ im- 
mediat government, till his pleasure was further knowne 
(by reason, as you will lind hereby, or their disquiet, & un- 
setled condicon otherwise) the Massathusets (still reteining 
their wonted opposition) comissionated JVP Tho. Danforth, 
INP Eliaz : Lusher, & M'' John Leveret, to go thither, & re- 
duce them to their government : The inhabitants there hav- 
ing notice thereof sent to us a letter (the copy whereof you 
will receive hereby) under the hands of Cap* Champernown, 
M'' Rish worth, & M'' Johnson, signifying their fear of them 
& desiring our direction what to do in the case ; Whereupon 
S"" Kob* Carr went thither, waiting till they should come to 
exercise such theire Comission ; In the meantime the Gentl- 
nien in the Eastward parts made preparacons for their com- 
ming as the copy of the letter herein inclosed from M"" Rish- 
worth will give you to understand. These Comissioners 
came as far as Portsmouth ; and S'' Rob' Carr being then at 
Kittery hearing thereof, sent them a letter a copy whereof 
is inclosed : yet notwithstanding, they sent their peremptory 
sunnnons, dated Octob : 10*'^ to one Abraham Corbett to ap- 
peare at their next gen"*" Court, which fell out the next day 
being ll*** of Octo : last, to answer to a contempt (as they 
please to all it) for in a disorderly manner stirring up Sun- 
dry of the inhabitants to signe a peticon, or remonstrance 



OF THE STATE OF MAINE. 275 

against his Ma""^ authority there setled &c : From hence 
they went to Dover to keep Court. The Eastern people 
where informed, they would come in an hostile manner ; 
and therefor met at Kittery, to have opposed them if they 
came over the river, which was supposed one cause of their 
speedy returne towards Boston, they going that night to 
Salisbury being 22 miles thence. 

This being all for the present that we can informe you of ; 
"We desire (if it have pleased God that Colonell Cartwright 
have escapt with his life, & be in health) Your Hono" will 
please to shew him this account, and the inclosed papers, 
that what is wanting, he calling it to mind may give you 
further informacon thereof. 

Before this could be dispatched, the Marshalls of Dover, 
& Portsmouth brought M"" Corbett hither a prisoner, having 
apprehended him by order of a Warrant to them directed 
from the Gen''" Court sitting last October : and carried him 
before the Governo"" who iramediatly committed him to pri- 
son, there to continue till the next Gen''" Court : unless he 
procured Bay lee &c : as by the copies inclosed you may see. 
Severall sufficient Gentlemen were proposed for it, and by 
them refused. The person still remains confined : and we 
can receive no satisfactory answer, for present, why. Wee 
committ it, to your judgm' what to thinke of the matter, & 
hope you will signifie it to his Ma'"' remaining 
S' 
Your humble Servants 
Robert Carr. 

Samuell Mavericke. 

Boston. Novemb' 20. 1665. 



276 DOCUMENTARY HISTORY 

End : Boston, in New-England 
m. Nov. 65. — R. 19 Jan. 
S" Robert Carre ^c. 
Comiss''' in N. England, 
sent an Account of all Transactions 
vf" them., hy Co^ Cartwright, iv^Hhe mapps 
of seuerall Colonies. Inclose a Copy of their 
report to his Ma*" concerneing . . . HamiltorCs 
Patent. 

That y^ Crovernour of Boston, and they doe clash. 
That y^Massucusets are still vnquiet. 
Bray y* Col. Cartwright may see the Inclosed 
Papers ; ^ supply what he finds wanting./ 
To yo'^ honourable Self./ 
November 20" : 1665./ 



H. Jocelyn, & others, Justices of the Pro : of Maine, to 
Col. Nicolls/ 

Eight Hono"^ 

The clayly frownes of our displeased, & discontented 
Neighbours of the Massachusets upon us, & our present 
way of establishment, as appeareth by their comminatory 
acts formerly, & later indeavours, so far as they could effect 
their designes, doth occasion some to feare, others to hope 
for a change amongst us ; which differing considerations are 
apt to divide our Judgments, if not disunite our affections, 
whereby the hand of authority comes to be weakened, our 
peace interrupted, & good order the more neglected. For 
the better countenanceing whereof, it is our humble request, 
that your Hono"" would be pleased to propose our desires 
unto S"^ Robert Carr, whose presence, at his owne conven- 
ience, in the Spring, would be acceptable to us, &, w 



OF THE STATE OF MAINE. 277 

doubt not, very effectuall amongst us, for the more steddy 
carrying on of the publique atfaires of this Province ; 
to the well setling of our peace at home, & discountenanc- 
ing of molesters abroad, whose cheifest industry will be 
to divide us, thereby to dissolve us, the better if it may be 
to advantage their owne interest pretended ; & to destroy 
ours ; which by this meanes, wee hope, may bee prevented ; 
and ourselves further ingaged under the greater obligations 
of thankefulness unto yo'' Hono"' for this favour, for whose 
welfare we shall ever pray, & at present take leave to Sub- 
scribe ourselves, 

Your very humble Servants 

Henery Jocleyn Fran : Champernowne 
Edw : Rishworth Francis Hooke 
Edward Johnson Sani'^ Wheelwright/ 
John Wincoll/ 
Yorke, in the Province of 
Main Novembr : 22"^ 1665 : 

Und : To the R Eon'''' Col. Richard Nicolls one of 
his ma*''' Cumiss'' for the Affaires of N. England/ 
these present at New Yorke./ 



Justices of the Pro : of Maine to Sir Rob : Carr/ 

Sir/ 

The more then ordinary testimony of your friendly af- 
fection unto us so largely evidenced, & influenced by one of 
the strongest arguments to attest the reallity thereof, which 
is by the knowledg of a friend in the day of adversity, thus 
hath yoxxY Hono'' been knowne to us, in streights for our se- 
curity : in answere to whose love upon the obligation of our 
thankefuUness, we must ever remaine your perpetuall 
debters/ 



278 DOCUMENTARY HISTORY 

At present we have litle newes, only the full appearance 
of the people in respect of number at our last Court gave 
us sufficient testimony of their being well satisfied with their 
present standing, persons of all parts generally appearing 
Casco excepted.) from whence came not one person, Neither 
hath M"" Munjoy accepted his Commission, from which he is 
now excluded, according to advise given by yourself in that 
case. 

May it please you" Hono' it is our requests so far as it 
may stand with your conveniency in the Spring, for your 
further presence whose countenance would be very usefull 
to us, under those cloudes of difficulty, we must expect to 
meet withall from our opposers, till scattered by the Supream 
& over ruling hand of his sacred Majesty. We have pre- 
sum'd to soUicit Colonel Nicolls for furtherance of your 
Hono' herein, wherein if there be a mutuall concurrance, 
your favour to us will be acceptable, & your presence bene- 
ficiall, for which must rest the more deeply ingaged to pray 
for your Honours prosperity, & ever remain your Humble 
Servants/ 

Henery Jocelyn/ Fran : Champernowne/ 
Edw : Rishworth Francis Plooke 
Edward Johnson John Wincoll 
Sam" Wheelwright/ 

Yorke 29 Novemb' These above said Gentlemen are 

(1665) Justices of the Province of 

Main, and this a copy of theii* 
letter as attests 

Sam : Wheate/ 

[Note — on back of Document] 

This the last I have rec^ 
from the Province of 
Main./ 



OF THE STATE OF MAINE. 279 



Endorsed To the right Honorable Sir 
Robert Carr Jf"' one of his 
Ma'"' Commission''' for the 
affaires of Neiv England 
these present at 
Boston or else where./ 



Sir Rob : Carr to [Sec. Sir W°^ Morrice] 

Sir/ 
Vpoii the report of Colonel Cartwriglits being taken 
by a Dutch Privateer, I take the boldness againe, to trouble 
you with a short account of what as concerning my owne 
business I wrote to you more largly, by him, least that 
should not come to your hands. W'^'^ was besides the gen- 
erall account, which with the other Comissionees I had given 
you, I gave you one of my selfe, to this purpose, there is a 
tract of land lying from Cowessit South, & South West, to 
a river called Sagatucket, runing into the Sea, about Point 
Judith in the Narraganset country which I desire to setle 
upon. You know the Kings promise to me; and his com- 
mand that I should acquaint you with my desire, and your 
token was that I should put you in mind that the King 
spoke to you, for me in your owne house at a private 
Musicke. That litle which I had gotten at delaware, & for 
which I had hazarded my life, I am told is given away, & 
one is now come to take possession of it ; Wherefore I 
humbly pray yo" to assist my sonne that I may have this 
land above mentioned, granted to me by Patent. If his 
Ma"^ has not disposed of delaware, & if he please to keep 
it in his owne hands, it will make a very convenient place 
of tradeing for the use of the Kings Province. As also the 
Eastern parts being under his Ma*'''^ owne Governm' will be 
very beneficiall in a short time, in regard it is well stored 



280 DOCUMENTARY HISTORY 

with the best Masts, & ship timber ; which otherwise will be 
destroyed ; and if the King would satistie the pretenders to 
the severall small Patents therein, some other wayes, as it 
is the only desire of the people to be freed from them and 
to l)e under his Ma"*-'* imediate Governm' as will appear by 
their peticon sent by Colonel Cartwright. Also the people 
in the Eastern parts were very desirous that I should be 
their Governour, and would have altered their peticon to 
the King but Colonel Cartwright could not stay, who can 
give 3'ou a further acco* then I can by writeing. If the 
King will take these provinces under his owne Governm* I 
shall serve his Ma*'^ as faithfully as any he shall set over 
them : and I hope you will acquaint his Ma''° with it, and 
stand my friend at this distance./ 

S'' After we from hence had dispatched a letter to you by 
Cap* Thirston dated of November y® 20"' last, conteining 
many copys of transactions here &c. came the inclosed copy 
of the peticon of Wells Court to my hands, the originall 
whereof, as I remember, was sent by Colonel Cartwright : 
Also I going to visit M"" Corbet in the prison of this towne, 
about his Bailement, was presented with a peticon from one 
Hoare, the which is here inclosed. So that by this you may 
in part see the greivances of his Ma"*^ subjects here ; If it 
have pleased God that Colonel Cartwright did arrive safe, 
he can let you heare of more of the like nature ; I wish 
that his Ma*'® would take some speedy course for the re- 
dresse of these and the like innormities, and for the suppres- 
sion, of the insolencies of these persons here./ 

Be pleased Sir, to be a friend to me concerning the con- 
teints of the inclosed to Colonell Cartwright, which I have 
left open to your perusall ; The reason is, something hath 
been (as I am informed) maliciously reported concerning 
me, wdiich hath come to his Ma*'®^ hearing, & rendered his 
Ma*'® displeased with me ; the wdiich I doubt not but to 
cleare my self of, and thereupon have presumed to be so 



OF THE STATE OF MAINE. 281 

far bold, & troublesome to his Ma"'^ as to send a Ire to be 
presented unto him about it, the inclosed is a copy of it. If 
it have pleased God that Colonel Cartwright be taken, & 
you please to pardon me for the giving you the trouble of 
presenting the inclosed (in his stead,) to his Maj''*^ you will 
infinitly ingage me in through performance of what is my 
dut}^, & service to his Ma"" and by some reall service ac- 
knowledg my selfe. 

Sir 

Your Honours 
Boston/ faithfull Servant. 

Decembr : 5° 

1665./ Eobert Carr/ 

Although in the letter above mentioned sent to you by 
Thirston, I, with, M'' Mavericke gave you a particular ac- 
count of what w^as acted by us since the time of the Massa- 
chusets Gen"" Courts proclamation by sound of Trumpet, 
to that present time ; by sending you there inclosed the 
severall copies of materiall concerns, — Notwithstanding I 
thought it not amiss to send you here inclosed the originall 
letters from some of the Gentlemen in the Eastern parts, 
togeather with one that came to my hands since We sent 
the afore mentioned letter. That you may see in part what 
we more fully therein mentioned concerning the precipitate 
actions of the Gentlemen of the Bay of the Massachusets 
government. I shall need say no more, in this post script, 
at present, then I have said above, but that I am 
Your Honours 

faithfull Servant. 



Robert Carr/ 



Unci : /S"" Ro : Carr 
Boston 

December 5: 



282 DOCUMENTARY HISTORY 

Sir Rob* Carr to Col. Cartwrigbt./ 

Sir. 

I bope tbis may kiss your bands, Tbat if misfortune bave 
see far chanced, that you were taken, by a dutch Privateer, 
as is here reported ; and so the several! writeings be lost ; 
It may give you a partiall account of what you had as to 
my particular concernes. (For other things of bis Ma"**' con- 
cernment, copies of which some were left in my bands, I 
referr you to S'' Henry Bennet's letter, and papers herein 
sent by Thirston the other day, from us.) The particulars 
here-inclosed are, My peticon to his Ma"*" and letter to him. 

I comitt myselfe to your discretion in acting what thereon 
you conceive meet, not doubting of your willing perfor- 
mance. With my reall acknowledgments, & thankefullness 
for your former favours, I rest, 

S^ 

Your reall friend 
Boston 

Decemb. 5° Robert Carr/ 

1665. 

Und : For the Hond'^' 

Colonel George Cartwright / 
Boston in New-England 

Dec. 5. 65/ 

/$"■ Robert Carr / 

sends to Col. Cartwright 

Duplicates of those Papers w"^ 

y^ Dutch Caper toohe from Him./ 



OF THE STATE OF MAINE. 283 

Petition of Sir Robert Carr to the King./ 

To the Kings most Exellent Ma" : 

The humble peticon of S"" Robert Carr Kn*. 
Sheweth 

That your Ma"® was graciously pleased to promise your 
Peticoner at his going for New : England, that something 
there, should be granted him for his advantage, by yo' 
Ma""" for his service : and that your Ma*'° commanded your 
Peticoner to acquaint S'' Henry Bennet, Avith his desire : 
and also, that, that litle which your Ma""* Peticoner, had 
gotten at Delaware, with the hazard of his life, is given to 
another, & y* one is come over to take possession of it. 

Wherfore your Ma"°* peticoner humbly de- 
sires that he may have that tract of land 
in the Kings Province lying from Cowes- 
set. South and South-west to a river 
called Sagatucket, runing into the Sea 
about point Judith granted to him by 
Patent from your sacred Ma"y 
As also, that if your Ma"" please to keep 
either the Kings Province or the Province 
of Mayne, or that which M' Mason lays 
claime unto, under your owne Roy all 
Governm* Your Ma"°^ peticoner may be 
intrusted with the Governm' of one of 
them ; who shall wholly lay himselfe out, 
for your Ma"^* service ; and shall ever 
pray for encrease of Honour, to your 
Ma"'', & ages to enjoy it. 



Robert Carr/ 



Und : The Peticon of *S"" R : Carr 
of New-England^ in 65. 



284 DOCUMENTAKY HISTORY 

Conecticutt./ 

The Colony of Connecticot returned their humble thankes 
to his Mil"'* for his gracious Letters, and for sending Com- 
missioners to them, and made great promises of their Loyalty 
and obedience 

And they did submitt to haue appeales made to his Ma*'^' 
Commissioners, who did heare and determine some difler- 
ences amongst them 

All formes of Justice passe only in his Ma''^' name They 
admitt all that desire it, to be free of their Corporation. 

They will not hinder any from enjoying the Sacraments 
and using the common Prayer Booke provided that they 
hinder not the maintenance of the Publick Minister 

They will amend any thing that hath been done deroga- 
tory to his Ma"*"^ Honour (if there be any such thing) as 
soone as they shall come to y^ knowledge of it/ 

The Bounds betwixt the Dukes Province and Connecticot 
were mistaken by wrong Information, for it was not intend- 
ed they should come nearer to Hudsons River then 20 miles, 
Yet the line was sett doune by the Commissioners to goe 
from such a Point Nor-nor-west whereas it ought to goe 
just North, otherwise the line Avill goe into Hudsons River. 

They haue nothing to say against Duke Hamiltons Pat- 
tent, But that their Writings were burnt, and that they 
bought that Land of the Lords Sey and Brooke, and others, 
and that his Ma''*" hath confirmed it unto them and that they 
never knew that the late Marquesse Hamilton had a graunt 
of it, for he never sent any to take possession of it, or to 
inhabite upon it. 

Their Easterne bounds are determined to be a Line 
drawne Westward from the midst of the ford in Pawcatuck 
River neare to Shawes house, their Northerne bounds, is the 
South line of the Matachusets, which as they complaine is 
stretcht much too Southerly [This Colony hath many good 
Rivers and Harbours, many tounes but scattering ones, not 



OF THE STATE OF MAINE. 285 

worthy of their names] and a Schohir to their Minister in 
every tonne or Village, bnt no places fortifyed except Sey- 
brooke fort, which is much gone to decay, and here for the 
most part they are rigid Presbiterians./ 

Roade Island./ 

The Colony of Roade Island, and Providence Plantations 
returned their humble thankes to his Ma'"" for sending Com- 
missioners, and made great demonstrations of their loyalty 
and obedience 

They approved as most reasonable that Appeales should 
be made to his Ma"*' Commissioners, who having heard, and 
determined some causes among them, referred other some in 
Civility to their generall Court, and some to the Governour 
and others, some of which causes they againe remitted to 
the Commissioners to be determined 

All proceedings in justice are in his Ma*'*' name. 

They admitt all to be freemen who desire it. 

They allow Liberty of Conscience and Worship to all 
who line Civilly. 

And if any can informe them of any thing in their Lawes 
or Practise, derogatory to his Ma"'* honour, they will amend 
it. 

The Marquisse of Hamiltons Pattent takes in all Roade 
Island Colonies, and about halfe of Connecticot. 

The Nanhygansetts Sachims did in the yeare 1G44 by 
writing surrender themselues, their people and Country into 
the late Kings Protection, Two of Avhich Sachims, now liv- 
ing did actually in their owne persons surrender themselues, 
Poeple, and Country into his Roy all Ma*'*' Protection, be- 
fore his Commissioners, and delivered to them — that very 
deed made in 1644 which had been carefully kept l)y M*" 
Gorton c^*^ 

Whereupon the Commissioners According to their Instruc- 
tions, entred upon the Country in his Ma"^' name, and haue 



286 DOCUMENTAEY HISTOEY 

named it the Kings Province, haue taken the natiues into 
his Ma*'°^ Protection, and haue appointed Justices of the 
Peace to governe it, untill his Ma*'*^^ pleasure l)e further 
knowne, for this Nanhygansett Country is almost all the 
Land belonging to this Colony which cannot subsist without 
it, and therefore the Commissioners ordered that the Magis- 
trates for the Colony should be Justices of the Peace for the 
kings Province, that no difference may rise betwixt the 
Officers/ 

The Sachims did thankfully receiue two Coates presented 
to them in his Ma*'*-'^ name ; in acknowledgem* of their Sub- 
jection, they are to pay yearly upon the 29"^ of May two 
Wolfe skinnes to his ma"'', and did now send two Capps of 
Peag and two Clul>bs inlayed with Peag for a present to the 
King, and a feather Mantle, and a Porcupine Bagg, for a 
present to the Queene, which were all taken by the Dutch/ 

One of these Princes (named Pessicus) desired the Corn- 
miss'"' to pray King Charles that no strong Liquors might be 
brought into that Country, for he had had 32 men that dyed 
by drinking of it/ 

These Indian Princes gaue a long Petition to the Com- 
missi complayning of many Acts of violence and injustice 
which the Mattachusetts had done to them, amongst others 
they had first caused them to be fined, then tooke their 
whole Country in Mortgage (according to the Remonstrance 
sent to his Ma""') and would haue inveigled them out of it, 
But there could be no redresse, he Matachusets refusing to 
let y^ Commiss''^ haue the hearing of Appeales/ 

Their Westerne bounds are determined with Connecticot 
their Northerne bounds must be the Matachusets Southerne 
Line, wherever it falls which they coraplaine to be too 
Southerly/ 

Their Easterne bounds betwixt them and New Plymouth 
could not be determined by consent of both parties (Roade 



OF THE STATE OF MAINE. 287 

Island clayming a thread of Land o Miles broad all the 
Length of the Maj^ne Land lying next to the Nanh3'gansett 
Bay, which without great prejudice they of New Plymouth 
could not part with) whereupon the Commiss"^ appointed 
the Water, the naturall Bounds of each Colony, to be their 
present bounds, untill his Ma*'°' pleasure be further knowne/ 

M'' William Brereton Deputy Governour of Road Island 
having bought a farme upon that thread of land, which he 
hoped would belong to that Colony, humbly desires his 
Ma'-'^ that he may continue to posesse that farme, though it 
fall within the Limits of New Plymouth/ 

And D'' Alcock a Physitian having bought block Island for 
400' of some of Boston (who tooke upon them Power (never 
graunted them) to sell it) and having been at great Charges 
in Planting of it, desires his Ma"^ that he may not be dis- 
posessed of it, he submitting to the Governm' of Eoade 
Island, both these Petitions to his Ma*'° are lost./ 

This Colony (which now admitts all Religions, euen 
Quakers and Generallists) was begun by such as the Matta- 
chusetts would not suffer to liue among them, and is gener- 
ally hated by the other Colonies, who endeavoured severall 
wayes to suppresse them, They maintained other Indians 
against the Nanhygansett Indians/ 

The Commissioners of the united Colonies disposed of a 
great part of this Country, pretending they had conquered 
it from the Pequid Indians, But evidence being made that 
the Nanhygansett had conquered it before the English began 
their Warre, and that the right was in him who sold it to 
the Road Islanders, and his Ma"*^' Commiss""* not thinking it 
justify able for any Colony to dispose of Land without their 
owne Limitts, determined it for the Roade Islanders/ 

The Matachusetts did maintaine Punham (a pretty Sachem 
iii this Province) 20 yeares against this Colony, and his 
cheife Sachim, and did by armed Souldiers beseige, and take 



288 DOCUMENTAEY HISTORY 

Prisoners M'' Gorton Howden Wyhes Greene and others in 
this Province and carryed them to Boston, put them in 
chaines, and tooke 80 head of Cattle from them for all which 
they could never yet get satisfactio/ 

This Colony could never be acknowledged for a Colony, 
till his Ma^'"* Charter was published, though in the yeare 
1643 they sent over some into England to procure the Kings 
Charter then, but finding that unnaturall War begun, and 
the King gone from London, they tooke a Charter from the 
Lords and Commons, which was more then Newhaven did 
pretend to, and more then Connecticot could shew. Yet these 
two were admitted Colonies in their great Combination and 
Road Island slighted/ 

The Nanhj^gansett Bay is the largest and safest Port in 
New England, nearest the Sea, and fittest for trade. 

This Colony hath two scattered tounes upon Road Island 
two upon the Maine Land, and four small Villages/ 

Here only yet is Limestone found, and here only the Gov- 
ernour and Magistrates serue the Publick at their owne 
Charges. In this Colony is the greatest number of Indians 
yet they never had any thing allowed towards the civilizing 
and Converting of the Indians. And in this Colony they 
haue the' greatest Plaines, but no Place of strength fortifyed, 
though many places capable of fortification/ 

In this Province also is the best English Grasse, and most 
sheepe, the ground very fruitfull, Ewes being ordinarily two 
Lambes, Corne yeilds 80 for one, and in some places, they 
haue had Corne 26 yeares togeather without manuring/ 

In this Province only they haue not any Places set apart 
for the Worshipp of God, there being so many subdivided. 
Sects they cannot agree to meet togeather in one place, but 
according to their severall Judgements they sometimes as- 
sociate in one house, sometimes in another/ 



OF THE STATE OF MAINE. 289 

New Plymouth/ 

The Colony of New Plymouth returned their humble 
thankes to his Ma"*^ for sending Commissioners and made 
great promises of their Loyalty and obedience 

They did submitt to haue Appeales made to the Comm'* 
who here had but one Complaint made to them, which w^as 
that the Governour would not lett a man enjoy a farme of 4 
INIiles Square which he had bought of an Indian. The Com- 
plainant soon submitted to the Grovernour, when he under- 
stood the unreasonablenesse of it/ 

All formes of Justice are in his Ma"*^' name They are here 
constrained to perswade men, sometimes to compell them to 
be free men, so farre they are from hindring any/ 

They will not hinder any from enjoying the Sacraments 
and using an}^ forme of Worship, that is not against Chris- 
tianity, provided that they alwaies contribute to y^ main- 
tenance of the Public] ue Minister, and will amend any thing 
that may be Derogatory to his Ma"*^^ honour 

This Colony is seated on a neck of Land, the barrenest 
part of the Country, They were the first Planters in New- 
England, though the Matachusets got the first Charter, and 
since hath much streightened this Province, by stretching 
their Line too much Westward 

The}^ shewed their Charter and gaue a Coppy of it to y® 
Commissioners, and told them, they were so poore, they 
could not renew it, whereupon the Commissioners tooke 
occasion to offer to get their Charter renewed and delivered 
to them at the Commiss''' owne charges, if for a further 
demonstration of their Loyalty, they would let his Ma"*' 
choose one of three whose names themselues should send to 
the King, to be their Governour, and this to be done every 
three yeares or every fine yeares which they thought best. 
The Commiss''^ thought if this had succeeded well in this the 
first Colony they had visited, it might have been a good 
Example to the rest. 
19 



290 DOCUMENTARY HISTORY 

But after the Generall Assembly had considered of it 
with many thankes to the Commissioners, and great Pi'otes- 
tations of their Loyalty to the King, they chose to be as 
they are. 

They haue about 12 small Tonnes, one Sawmill for Boards, 
One Bloomery for Iron, neither good River nor good Har- 
bour, nor any place of Strength 

They are so poore, that they are not able to maintaine 
Scholars for their Ministers, but are necessitated to make 
use of a gifted Brother in some Places/ 



Eeport of His Ma*'" Commiss'"' concerning the 
Massachusetts/ 

The Colony of y*' Massachusets was the last, and hard- 
Ivest perswaded to use his Ma''^* name in their Forms of 
Justice. 

In this Colony, at the first coming over of y*^ Comissioiiers, 
were many untruths raised, & sent into other Colonies, As 
that y*^ King had sent to raise 5000" yearly for his ma"" use 
&c. whereupon major Hathorne made a Seditious Speech at 
the head of his Company, And the late Governour another 
at their Meeting-House in Boston, but neither of them were 
(so much as) questioned for it, l)y any of their magistrates. 

The CoiTiiss'"^ visited all other Colonies before this, hope- 
ino" both, that y" Submission & condcscention of y° other 
Colonies to his Ma*'*** desires would have abated the refrac- 
toriness of this Colony, which they much feared, And that 
y® Assistance of Colonell Nicholls (whom they expected) 
would have prevailed much : But neither Examples, nor 
Reasons could prevaile with them to let y^ Comiss''* hear & 
determine so much as those particular causes (M"" Deane's, 
& y^ Indian Sachiras) which y*" King had Couianded them to 



OF THE STATE OF MAINE. 291 

take care of, & to do Justice in, & though r Comiss- (who 
never desired that they should appear as Delinquents hut as 
Defendants, either by themselves, or by their Attorneys) 
assured them, that if they had been unjustly complayned of 
to his Ma-, their false accusers should be seveerly punished, 
<^: their just dealing made knowne to his Ma^, & to all the 
World ; yet they proclaymed by sound of Trumpet, y* ye 
Generall Court was the Supreamest Judicatory in that 
Province, That y« Comis- pretending to hear appeales was a 
breach of their Priviledges, granted them by the Kin^s 
Royall Father, and confirm'd to them by his Ma"- owne 
Letter, & that they could not permit it. By which they 
have for the present silenc't about thirty Petions, which 
desired Justice against them, & were all lost at Sea 

To elude his Ma«- desire of their admitting men civill, & 
of competent Estates to be Free-men, they have made an 
Act, whereby, he that is 24 years old, a Hous-keeper, & 
brings one Certificate of his civill life, another of his beinc 
orthodox in matters of Faith, & a third of his pavin<. teS 
shillings, (besides head-money) at a single rate, ma/then 
have liberty to make his desire known to y Court, & it 
shall be put to y" Vote. 

The Couiiss- examin'd many Townshipps, & found that 
scarce three in a hundred pay 10^ at a single rate- Yet if 
tins rate was generall it would be just; but he f is a 
Church-Member, though he be a Servant, and pay not 2^ 
may be a Freeman. 

They will not admit any who is not a Member of their 
Church, to r Comunion ; nor their Children to Baptisme 
yet they will marry their Children to those whom they will 
not admitt to Iniptisme, if they be rich: They did imprison 
& barbarously use M^ Jourdain for Baptizing Children, as 
himself complain'd in his Petition to ^ Comiss^ Those 
whom they will not admit to r Comunion, they compell to 
come to their sermons, by forcing from them five shillin«.s 

to 



292 DOCUMENT AEY HISTOEY 

for every neglect, Yet these men thought their own paying 
of one shilling for not coming to prayers in England was an 
insupportable Tyranny. 

They have put many Quakers to death, of other Provinces 
(for which also they are Petion'd against) First, they 
banish'd them as Quakers upon pain of Death, & then exe- 
cuted them for returning ; They have beaten some to Jelly, 
& been (other wayes) exceedingly cruU to others ; & they 
say, the King allowes it in his Letters to them. Indeed 
they have misconstrued all the Kings Letters to their own 
sence. They yet pray constantly for their Persecuted 
Brethren in En2;land. 

They have many things in their Lawes derogatory to his 
jyj^ties honour ; of which y*" Coin^' made a Breviat, and 
desired that they might be altered, but they have yet done 
nothing in it. Amongst others, who ever keeps Christmas 
day is to pay five pounds. 

They caused at length a Mapp of their Territories to be 
made, but it was made in a Chamber l^y direction and Guess ; 
In it they claime Fort Albany, and bej^ond it all the Lands 
to the South sea. By their South Line they intrench upon 
the Colonies of New Plymouth, Rode Island, & Conecticot ; 
And on the East they have usurped Capt : Mason's & S"" 
Ferdinando Gorges Patents, & said, that y* Comiss'"^ had 
.nothing to doe betwixt them & JVP Gorge, because his Ma"® 
caiTianded them, either to deliver possession to M'' Gorge, or 
to give his Ma*'* reasons why they did not. 

The Coiniss" being at Piscataquay when they received his 
jyjjjties Letter, which Coinanded them to see the Harbours 
Fortified &c, sent their Warrants to fower Towns, upon 
that River, requiring them to meet at such a time & place, 
to hear his Ma*'^^ Letter read ; one of these Warrrnts, was 
sent Post to Boston ; from whence, two Marshalls are sent 
by the Governor and Councell, with another Warrant to 
forbid the Townes either to meet, or to do any thing Com- 



OF THE STATE OF MAINE. 293 

anded them by the Com''^ at their utmost perills ; and with- 
all sent an unbeseeming Letter to y° Comiss'^ both w°^' Letter 
& AYarrant were lost at Sea. 

Colonell Wlialley & Goif were entertained by the Magis- 
trates with great solemnity, & feasted in every place, after 
they were told that they were Tray tors, and ought to be 
apprehended. They made their abode at Cambridge untill 
they were furnish't with Horses & a Guide, & sent away to 
Newhaven for their more security. Captain Daniel Gooking 
is reported to have brought over, & to manage their Estates ; 
& the Comiss''* being informed that he had muny Cattle at 
his Farmein y"^ Kings Province, which were suspected to be 
Whalleys, or Goffs, caused them to be seized for his Ma"^^ 
use, till further Order ; But Cap' Gooking standing upon 
the priviledge of their Charter, & refusing to answer before 
y® Coiniss''^ as so, there was no more done in it. Captain 
Pierce, who transported Whalley & Goff into New-England 
may probably say something to their Estate. 

They of this Colony say, that King Charles y® first gave 
them power to make Lawes, & to execute them, & granted 
them a Charter as a Warrant againt himself, & his Success- 
ors ; and that, so long as they pay the fift part of all Gold 
and Silver Oar which they shall get, they are free to use 
their priviledges granted them, & that they are not obliged 
to the King, but by civility. They hope, by Writing to 
tire the King, the Lo : Chancellor, & y® Secretaries too ; 
Seven yeares they can easily spin out by writing ; & before 
that time a change may come. Nay, some have dared to 
say, who knowes what y*^ event of this Dutch Warr may be. 

This Colony furnished Cromwell with many Listruments 
out of their Corporation, & their Colledge, And those y* 
have retreated thither since his Ma"''^ happy returne, are 
much respected, & many advanced to be Magistrates. They 
did Solicit Cromwell by one M"^ Wensloe to be declared a 
Free State, and many times in their Lawes stile themselves 



294 DOCUMENTAKY HISTORY 

this State, this Comon-wealth, & now beleive themselves to 
be so. 

They demand what Taxes they pleased, but their Ac- 
compts could never yet be seen. Some few Soldiers they 
keep at their Castle. The Governor hath a hund : pound 
yearly, every magistrate 30" &c./ 

They convert Indians by hiring them to come & heare 
Sermons ; by teaching them not to obey their Heathen 
Sachims, & by appointing Rulers amongst them over tenns, 
twenties, fifties &c. The lives. Manners, & habits of those, 
whom they say are converted, cannot be distinguished from 
those who are not, except it be by l^eing by red to heare 
Sermons, which the more generous natives scorne. 

This Colony, which hath engroosed the whole Trade of 
New-England, & is therefore the richest ; hath many Towns, 
l)ut not one regularly built within its Just Limits, w*"'' y^ 
Comiss'* find to be Seconnet Brook on y® South West & 
Mei'imack River on the North-East, & two right Lines 
drawne from each of those two places, till they come w^ithin 
twenty miles of Hudsons River ; for, that River is already 
planted, & given to his Royall Highness. Boston is y® 
cheif Towne in it, seated upon a Peninsule, in the bottom of 
a Bay, which is a good Harbour, and full of Fish ; it was 
fortified this yeare 1665 with two Blockhouses ; They had 
before a Castle upon an Island in the roade, where shipps 
must pass, aljout five or six miles from the Towne ; Their 
houses are generally Wooddcn, their Streets crooked, with 
little decency, & no uniformity, & there neither dayes, 
months, seasons of the yeare. Churches, nor Inns are known 
by their English Names. At Cambridg they have a Wooden 
Colledg ; & in y** Yard a Brick Pile of two Bayes for the 
Indians, where y^ Couiiss''^ saw but one ; They said, they had 
three or fower more at Schole ; it may be feared y* this Col- 
ledge may aflbrd as many Schismaticks to y*^ Church, & y^ 
Corporation as many Rebells to the King, as formerly they 



OF THE STATE OF MAINE. 295 

have done, if not timely prevented. In this Colony too the 
King hath very many loyall Subjects, who Petition'd their 
Generall Court, at his Ma"®^ first coming in, for the owning 
of his Ma""" & now lately for complying with his Ma"*^^ 
Couiiss % but have had neither answer, nor good look since. 
They are sorry, that so few (for there are scarce above eight 
of the most Factions) should carry on so strong a Faction, 
yet they are so over-awed that they can do nothing to 
remedy it. They only say, that it is now with them, as it 
was with the Kings Party in Cromwells time. One of these 
was derided for being so civill as to accompany one of the 
Comiss^* from y® Town where he lived to Boston, & others 
in Boston derided those of Rode-Island for having yielded 
so much to y'' Comiss'y In Boston lyes ten Iron Guns 
brought from y'' French Fort taken in Cromwells time, 
which would do well at Piscatoquay to defend the mouth of 
that River where the masts are laden ; if they be tlie Kings. 

On Septemlr 10 : 16G4 they published by order of Court, 
a paper to deterr & aflrighten all from making any Com- 
plaints to the Comissioners./ 

The Coinodities of y*^ Countrey are Fish, w°'' is sent into 
France, Spaine & ye Straights ; Pipe-staves, Masts, Firr- 
Boards ; some Pitch & Tarr ; Pork, Beif, Horses, & Corne, 
which they send to Virginia, Barbadoes &c, & take Tobacco 
& Sugar for payment, which they (after) send for England. 
There is good stove of Iron made in this Province. Their 
way of Goverment is Comon-wealth-like ; their way of 
worship is rude, and called Congregationall , they are zeal- 
ous in it, for they persecute all other Formes./ 



JEnd: Comiss" of JST. England 

Massachusets. 
y^ present state of if Colony 
Duplicate/ 



296 DOCUMENT AEY HISTORY 

New Hampshire 

New Hampshire is the name of a Province granted to 
Cap* Robert Mason about the yeare 1635 and was to begin 
on the Sea Coast 3 Miles easterly of Merimack River and 
reaches to Piscatoquay, and 60 miles of that Breath up into 
the Countrj'-, but now it is usurped by the Mattachusets who 
pretend that it is within their Bounds, and that the People 
Petitioned to be within their Protection, it is true that dif- 
ference of Opinion made a Division amongst them, and a few 
who Avere for Cono-reo-ationall Churches did Petition for their 
Assistance by which occasion partly by force, partly by 
Composition they haue engrossed the whole and named it 
Norfolke/ 

When the Mattachusets Charter was first granted the 
Mouths only of the two Rivers Charles and Merimack were 
knowne to them, for they durst not travaile farre up into the 
Country, presently after there was an house erected 3 large 
Miles north from Merimack which was for 17 yeares called 
and knowne to be the bounds of the Matachusetts, and in 
that time was this Pattent graunted to Cap* Mason/ 

M' Wheelewright was banished out of the Jurisdictio of 
the Mattachusetts and was permitted to inhabite immediatly 
l)eyond that bound house, as himselfe gaue Testimony before 
the Commissioners. 

M' Mason had a Pattent for some Land about Cape Anne 
before the Mattachusetts had their first Pattent, whereupon 
Cap* Mason and M"' Cradock, who was the first Governour 
of the Mattachusetts, and lived in London agreed that the 
Matachusetts should haue that Land which was graunted to 
Cap* Mason about Cape Anne, and Cap* Mason should haue 
that Land whicli was beyond Merimack River and graunted 
to the Matachusets/ This agreement was sent to M"" Henry 
Jocelin to get recorded at Boston, but before he could haue 
leisure to goe thither he heard that Cap* Mason was dead, 
and therefore went not, of this he made Afiidavit before the 



OF THE STATE OF MAINE. 297 

Commiss" who forbore to doe any thing about the Limitts 
of this Province till this might more fully be proved, though 
the Generality of the People Petitioned to be taken from 
under the Matachusets Tyranny, as themselues styled it/ 

The Matachusetts since they had, the Governement of 
this Province, haue graunted and divided the Land into 
severall Tounshipps, which are very large and thinn, three 
of which are seated upon Piscatoway River, which is a very^ 
good Harbour, and very capable of Fortification, here are 
excellent Masts gotten, and here dry Docks might be made, 
and upon this Eiver are aboue 20 Saw Mills, and here great 
Store of Pipe Staues are made, and great store of good 
timber Spoyled./ 



Maine/ 

The Province of Mayn l)egins at the Easterne side of 
Piscatoway and reacheth to Kenebec River it was so named 
and granted to S"" Ferdinando Gorges by King Charles the 
first, but was usurped also by the Mattachusets under Pre- 
tence that it was within the Limitts of their Charter, and 
that the People Petitioned to be under their Governement 
and they named it Yorkshire, One Gentleman who refused 
to submitt to the Mattachusetts, and suffered great Losses 
by them, shewed the Commissioners a Warr* which the Mat- 
tachusets made to haue him brought to Bostom aliue or 
dead, and now demands justice against them. This Province 
upon Petition of the Inhabitants and the difierences betwixt 
M*" Gorges Commissioners and the Mattachusetts, his Ma"*^^ 
Commissioners tooke into his Ma*^*"^ Protection and Governe- 
ment, and appointed Justices of the Peace to governe them, 
untill his Ma''*"^ pleasure be further knowne/ 

The Inhabitants afterwards Petitioned his Majesty that 



298 DOCUMENTAEY HISTORY 

they might alwaies continue under his Mu^'^^ immediate 
Governement, and that S'' Rol)ei-t Carre might continue there 
their Governour under his Ma"^ which Petition was lost at 
Sea/ 

In this Province also an Indian Sachira who Hues neare to 
the great Lake from whence flowes Meriniack Eiver Peti- 
tioned his Ma"'= to take him under his Protection which is 
.also lost/ 

In this Province there are but few Tounes, and those 
much scattered as generally they are all throughout New 
England, They are rather farmes than Townes but in this 
Province there is a Bay called Casko Bay in which are very 
many Islands, 2 Out lets to the Sea, many good Harbours, 
and great store of fish and Oysters, Crabs and Lobsters, 
In this Province as in all the rest there are great store of 
wild Ducks Geese and Deere in their Seasons, Strawberries 
Resl)uries Goosberries, Barberies, and severall sorts of 
Bill)erries, Severall sorts of Oakes and Pines, Chestnut 
Trees, and Walnut Trees, sometimes for 4 or 5 Miles 
togeather, the more Northerly the Country is, the better the 
Timber is accounted/ 

Kenebeck/ 
On the North East side of Kenebeck River, which is the 
bounds of the Province of Mayne, upon Shipscot River, 
and upon Pemaquid 8 or 10 miles Asunder are 3 small Plan- 
tations belonging to his Royall highnesse the biggest of 
which hath not aboue 30 houses in it, and those very meane 
ones too. and spread over 8 Miles of ground at least. The 
People for the most part are fishermen, and never had any 
Governement amongst them, and most of them are such as 
haue fled thither from other places to avoyd Justice, Some 
here are of Opinion, that as many Men may share in a 
Woman, as they doe in a Boate, and some haue done so, 



OF THE STATE OF MAINE., - 299 

The Commiss'^'^ for necessity sake huue appointed the best 
whome they could find in each place to be a Justice of the 
Peace, and haue ordered three of those Justices of the 
Peace in the Province of Mayne, who Hue next to them to 
joyne with them in holding of Sessions till further order be 
taken/ 

In these parts are the best white Oakes for shipp timber all 
the Lands graunted to his Royall High' in these Northerne 
parts of New England except these 3 Plantations are also 
graunted to S"" Thomas Temple in the Pattcnt of Nova 
Scotia/ 
My Lord 

In obedience to your Lord^* commands here are the Tran- 
sactions of the Commiss'"' in New England breifly settdowne, 
each Colony by it selfe, The Papers by which all this and 
much more might haue been demonstrated were lost in 
obeying his Ma*''^'^ Command by keeping Company with Cap^ 
Peirce who was laden with masts, for otherwise in Probabil- 
ity we might haue been in England ten dayes before we mett 
the Dutch Caper, who after two houres fight took stript and 
landed us in Spame/ 

Your Lord^'^ most humble Servant 
G. C. 
My Lord 

Hearing also some frenchmen discourse in New England 
of a Passage from the West Sea to the South Sea, and of a 
great trade of Beaver in that Passage, and afterwards meet- 
ing there with sufficient proofe of the truth of what they 
had said concerning the Beaver trade, conceiving great prob- 
ability for the truth of the Passage, and knowing what great 
endeavours haue been made for the finding out of a North 
West Passage, I thought them the best present I could pos- 
sibly make to his sacred Ma"% whereupon I perswaded them 
to come to England I humbly begg your Lord^* favour to 



300 DOCU]VIENTAIlY HISTORY 

procure from his Ma*^ some Consideration for the Losse suff- 
ering and service of your 

LordP^ 
Most humble Servant 
Geo : Carr. 
Dec>- 14"'/ 



i at Boston/ 



M"- Madder 

M'- Mayo 

M^' Eliott at 

M*" Mayhew at Martins Vineyard/ 

M"" Brown at Sudbury/ 

M"" Hubbard at Hingham/ 

M' Hul)bard of Ipswich/ 

M' Woodbridge of Newbery/ 

James Oliuer of Boston/ 

John Porter/ 

Maj"" Plawthorne/ 



Com7mssion. 

The Coraissioners of the General Co" of the Collony of 
the mattachusets in New EngP by authority of theyr Com- 
ission dated 20 may 1668 from theyr right of jurisdiction by 
Authority of the Kings Majesty es Koyal Charter. 

To Capt Richard Walderne, Cap' RoV Pike Majo' Bryan 
Pendleto & m"" Elias Styleman senio'' 

You and every of you are hereby Authorized w*" magis- 
tratical Authority w^^ in the Covnty of Yorke in the 
Collonye of the mattachusets aswel for the strengthening 



OF THE STATE OF MAINE. 301 

the hand of those associates chosen & sworne or to be 
sworne as also for Keepnig of Co'ts in the sayd Covnty 
w'h the assotiates & espetially to keep a County Co''t in 
Yorke being the Shj^er Towne of the sayd County, ordered 
to be held there the third tvesday of Septemb"" being the 
14* day of the m'' 

given vnder o'' hands & seals in Yorke this 8 day of Se. 1668 
This to Continve vntil the J. L. 

Genral Co'^t Take fvrther order E. T. 



Commission 
To majo"" Genral 1 John Leverett & Edward Tyng Esq" 
Capt Richard Walderne & Capt Rob' Pike Gentl" 

y — >,^ Yov are hereby avthorized & requyred to repayre 
f^^J to Yorke in the Covnty of Yorke & there yov or any 
^^ — y twoe of yov whereof Majo"" Geiirall Leverett shalbe 
one to keep a Covnty Co^t according as the Law directs & 
in Case yov meet w"* any person or persons vnder the pre- 
tence of any other authority y' shal swerve from the due 
obedience they owe vnto this jvrisdiction vnder his majestyes 
Royall charter to which they have submitted, & ingaged 
themselves that yov Call before yov all such persons & bring 
them to a dve tryall & to pceed to sentence as the meritt of 
theyr offence shall requyre. 

flVrther yov are avthorized & Comissionated to Establish 
& Confirme all Officers Civil & Military as yov shall jvdge 
meete for the setling & preserving of Order & peace in the 
s*^ Covnty of Yorke : & for the better inabling of yov to 
effect the same yov are hereby authorized from the date of 
these p''sents to act & doe all such things jiparatory to the 
Keeping of Co''ts & setling of peace in the s** Covnty as in 
yo'' discretions yov shall jvdge most meet. And all officers 



302 DOCUMENTARY HISTORY 

« 

Civil & millitaiy within this jvriscliction & all other inhabi- 
tants are hereby requyred to be asistant to yov as the matter 
shall requyer, & yov are to render an account of what yov 
shall doe herin to this Co't at theyr next sessions in octob' 

In .testimony wherof this Col hath Cavsed the scale of 
the Colloiiy to be affixed & sygned by the Governo'' the 20 
da}' of may 1668 

By the Co't 

Edward Rawson Secret 

Vpon the receyt of this Comission, wee p'sently apoynted 
Petter Wyer Clerke of the writs ; & heareing that y' 
marshall Masterson apoynted by the Co't was imprissoned, 
wee apoynted another marshall by warrant vnder o"" hands 
but the former marshall he.ing set at liberty agayne the 
other did not act. 

The Co't being by Law to l)e Kept in Yorke the tirst 
tvesday in jvly 1668 being the 7* day of the month, wee 
repayred to Yorke vpon JNIvnday the 6"' day ; M' Jocelin & 
several others styled jvstices of the peace Comeing nye to 
the ordinary where wee weare l)efore the doare after salutes 
passed they tould vs they desyred to speake with vs in the 
morneing. to theyr desyer wee Complyed & gave them 
ameeting : where wee acquainted them wee weare ready to 
heare what they had to say but not as sent to treat w'h them, 
about what wee had to doe, liy virtve of the Genrall Co'"ts 
Comission. they acquainted vs that they had lately receyved 
a packett fr5 Colt Nicolls & therin the Kyngs Mandamus 
together a Coppy of Coll Nicolls his letter to the Governo' 
& magistrates of the Massachuscts Collony ; which they 
desyred us to reade, & fyrst theyr Comission, the which 
wee reade & haveing read them ; wee tovld them that those 
Concernd the Genrall Co't & had beene vnder theyr consid- 
eration all ])ut the letter fro Colt Nicolls, & that they had 
sent theyr decleration in to the County so that wee had 



OF THE STATE OF MAINE. 303 

nothing to say onely that wee did not vnderstand that the 
Comissioners had power to make any svch temporary settlem' 
his majesty haueing before him the Case, for that the massa- 
clivsets had in obedience sent theyr reasons why they did 
not deliver vp the Goverm' of that Covnty to m'' Gorge w*^'' 
was according to his Majestyes Coinand ; tlien m'' Jocelin 
tovld vs that there was not above five or six of a towne for 
us, to which we reply ed wee shovld see that by the returnes 
made to the Co''ts v/arrants &, appearances, & ffvrther tovld 
them wee must attend Or Cohiission in prosecution wherof 
wee shovld attend his raajest^'es & the Covntryes service, 
not o'" owne ; & if wee meet w"' opposition wee shovld 
advise what to doe. many other things passed vs, but with 
mvtvall respect ; they sayd they must attend theyr Comis- 
sion ; wee parted & repayred to the meeting house, & there 
opened the Co'^t by reading o"' Comission publickly, & 
declareing to the people wherfore wee Came, whereto there 
was great silence & attention : 

Then by the Marshall was called for the townes retvrnes to 
be brovght in for the Election of associates, & returnes were 
mad fro five townes, the other twoe being hindred as they 
sayd b}'' the Jvstices, yet of one of them above halfe the 
electo'"s sent in theyr votes. Whilst the Co't was busy in 
openning sorting & telling the votes, the jvstices Came vp 
& w'hout doares by some instrvm* made proclamation that 
all should attend to heare his majestyes comands, Vpon 
which order was given to the marshall & accordingly he 
made proclamation that if any had any comand fro his 
majesty they Comeing & sheweing it to the Co''t the Co^'t 
was open & ready to heare the same, therev})o those gentl 
men came in & manifested theyr desyer that what thay had 
shew to vs in private might be read in Co''t to the people ; 
to whome we replyed that the Co't was in the midst of theyr 
bvsynes in openning the retvrnes of the Covntry from the 
several townes of election & that so soone as that was over 



304 DOCUMENTARY HISTORY 

& after dinner they shovld have theyr desyer granted, so 
they left us, & we gceeded to see whoe weare chosen asso- 
ciates, had the retvrnes of jury men, & theyr Names entred 
both Grand jvry & of tryals, also of the Constables but 
did not sweare any one, l)vt ajourned the Co'"t & went to 
dinner, in w'^^ tyme wee heard that the. Gentlmen were goe- 
ing to the meeting house to sit as an assembly they haveing 
before issued ovt theyr warrants for the townes to send 
theyr deputy es. 

whereupon we sent to speake w**^ after dinner, they 
retvrned they wovld pvided wee wovld not proceed any 
tVrther vntill wee spake w*'' them wee sent them word we 
did ingage it, they sent vs word that they would meet us at 
the meeting house, & presently after theyr marshal & 
Nathaniell Phillips went vp & downe & at all publique 
places puljlished a paper or writing, whome meeting vpon 
theyr retvrne, it was demanded of them what & by what 
authority they had pvblished to the peopl to make a dis- 
turbance, they answered that they pvblished what they had 
in the Kings Name, they weare demanded to shew theyr 
order or avthority, they answered that was for theyr secvrity, 
soe refuseing to shew it they weare Comitted to the mar- 
shall ; then we went to Co'"t, where wee fovnd the hovse 
fi'ull, & the Gentlmen to have taken vp o"" seates, soe roome 
being made wee went vp to them, & tovld them we expected 
that they wovld not have pvt any such affront vpon the 
Co''t nor shovld svch motions hinder us prossecuting o'' Com- 
ission for we Covld Keep the Co''t els where, some of the 
people began to speake, bvt weare Comanded silence & the 
officer was Comanded by us to Cleare the Co'"t, where vpon 
the peopl departed, & m' Jocelin spake to some of them 
nigh him to depart ; so they Comeing fro the seat wee came 
to private disco''se, & they insisted to have theyr Comissio 
& the Kyngs mandamus of 1666 to be read; wee tould 
them that wee wovld performe what wee had promised when 



OF THE STATE OF MAINE. 305 

the Co''t was sett, soe wee repayred to o'' seat &, they being 
sett by us desyred that theyr Comission might be read w*^*^ 
was done & the grownd of it exprest to be fro the peoples 
petitioning, then y* pt of the mandamus of 1666 w*^'' they 
desyred might be read was read, after which they desyred 
that Collonel Nicolls his letter to the Governo' & magistrats 
of the massachusets might be read ; bvt that not being of 
Concernm' to them there save onely for information of the 
justices of what had passed fro him to the Governo' & mag- 
istrates to whome it was directed it was refvsed, some short 
accovnt being pvbliqvely given of that which had been read 
for the matter haveing beene before & vnderthe Consideration 
of the Genrall Co't they had the decleration of theyr 
intendments in prosecvtion wherof wee weare comiscionated 
to keep Co't & settle the Covntry w"" worke wee had begvn 
& God willing shovld prossecvte to performe the trust 
comitted to vs. 

And haveing declared to the peopl that wee weare not 
vnsensibl, how that at the tyme of the interrvtion of the 
goverm* in the yeare 1665 by svch of the gentlmen of y* 
Kyngs Coinissioners that weare then vpon the place they 
had manifested theyr displeasver by telling the peopl that 
the massachvsetts weare Trato^s Rebells disobedient to his 
Majesty the reward wherof with in the yeare they sayd 
shovld be retribvted ; yet wee tovld them that throvgh the 
Good hand of God & the Kyngs favo^ the Massachvsets 
weare an avthority to assert theyr right of Goverm* there ; 
by vertve of the Royal charter derived to them fro his 
Majestyes Royal pdecesso"^ & that wee did not dovbt bvt 
that the massachvsets Collonyes actings for the forwarding 
his majestyes service wovld ovt speake others words where 
there was nothing bvt words for themselves or against vs ; 
w'^h done the gentleme left vs & wee proceeded to the worke 
of the Co''t to impannel the Grand jvry give them theyr 
20 



306 DOCIBIENTAEY HISTORY 

oathes & Charge ; then the associats j/sent wee cald to 
take theyr oathes. One of them viz. ]\P Koger Plasted, 
expressed publiquely that he was sent by the towne he lived 
in & accordingly he had aplyed him selfe to the majo*' Gen- 
erall more privately to Know how we reasvmed the Gov- 
erm' & how they weare to svbmitt, w'^h he now mencioned 
in publick that he might render himself ffaithfvl to them 
that sent him ; to w^'h he was answered in publick as hee 
had beene in private that wee reasumed the Goverm* by 
vertve of the Charter & that they weare to have like priv- 
eledges w"^ our selves in the other Covntyes wee had also 
fro Scarborow a paper p''sented w4i herew% we p'^sent to the 
Co^'t ; then haveing sworne the Constables p'"sent ; impan- 
neld the jury for tryals sworne y. & Couiitting what actions 
weare eutred & prossecvted to y. in which tyme the gentle- 
men sent to desyer that at o*" leasver tjnne they might speake 
w% vs ; they weare sent for, & psented us w*h a paper after 
we had receyved it, wee attended to settle the busynes of 
the millitary officers & Trained bands & Comissionated for 
yorke Job Alcock Leiftenant : Arthur Bragdin Ensigne : for 
wells John Littlefeild Leiftenant flVancis Littlefeild jvnio"" 
Ensisrne : Scarborow Andrew Avger Left, ffalmovth. Georg 
Ingerfeild Left. Kittery, Charles ffrost Capt. Roger Plasted 
Leift. John Gattirsley Ensigne. Saco Brya Pendleton majo'' 
& he to settle black poynt. m"" Knight of wells vpon the 
morning before wee Came away being thvrsday 9. jvly 
Came & tooke his Oath, in Co''t to serve an associate, the 
Co't made an order for the County Co't to be held y^ 15*'' 
September ther at yorke & for that end Continved the Com- 
ission to Capt Walderne & Capt Pyke & others for the 
better strengthening the avthority vpon the place ; as by 
theyr Comission may apeare. The associats that are now 
in place are major Pendleton, m'' flrancis Neale ; m*" Knight 
of wells m'' Raynes of yorke m"" Rodger Plasted of Kittery ; 



OF THE STATE OF MAINE. 307 

which is hvmblj svbmitted to the hono''d Genrall Co''t as 
the retvrne of yo'" serv's this 29*'' of octob'' 1668 : 

Jn° : Leverett 
Edward Tyug 
Eichard Waiderne 

The Deputyes hauinge heard the returne of o' Hono""^ 
Comission" who were Imployd by this Court, for the re- 
duceinge of the County of Yorkshire to the obedience of 
this goiiment, doe with all ThanfuUnes acknowledge their 
good service therein, & doe also Allow & approue of what 
they haue done in that afiayre & doe order the same, to be 
entred in the publick records w*'' refference to the Concur- 
rance of o'^ Hono'''^ magists hereto. 

3^ d'"" 1668 William Torrey Cleric. 

Consented to by y® magis*' Edw : Kawson Secret 



Petition 

To y® Hond Generall Court of y® Massatusetts 
or whome els it shall or may Concerne y^ 
humble petition of diuers mhabitants & 
freemen of ffalmouth 
Humbly sheweth 

That wheras there hath Latelie been a sad Contention 
in these parts concerning gouerment y® petitioners most of 
them liueing vpon there Labour & desierous rather to Line 
in peace & Learne to bee obedient & submitt to what gouer- 
ment itt shall please y® Lord & our Soueraing to appoint 
ouer vs, then to Conted or Determine who our Gouernours 
shall be, yett there hath Latelie certain men appeard in our 
Names att y® Hofl Generall Court & as wee are informed 
presented a petition, which was without our Consents or 



308 DOCUMENTARY HISTORY 

Knowledg ffor had y® Gouermeiit been settled & y' wee 
could haue acted with freedom of Spiritt wee would never 
haue Dishonord y® Hofi) Generall Court with men of such 
Lines & Conversations, as are, first M'' George Cleues who 
is vpon record for breach of Oath & accusd for fforgerie. 

M*" Phipen nott many dayes before his departure was Ideat- 
ing & drawing of y*' bloud of his Majesties subjects & stands 
vpon record for slandering y® Deputie Gouernour & was 
alwayes a man of Contention & strife since he cam in our 
parts John Phillips hath acknowledged himself guiltie of 
Keepeing a woman which is none of his wife this 14 yeares 
These men cam in o"" names & exercise Authoritie ouer vs 
with many soare threatings wherfore our humble request is 
That if it shall please y'' Lord to continue vs still vnder y'' 
gouerment you would bee pleasd to grant vs y® Libertie y* 
other of his Majesties subjects haue & you by Article granted 
y* is freedom to vote for our officers & nott such men im- 
posed vpon vs/ & wee shall euer pray &. 
ffrancis Neale Nathaniell Wharfe Rob Sandford 

Jane Mackworth widow George flTelt John Winter 

ffrancis Small Benjamin halwell Edw Macering 

Richard Martin John Clayes John Ghy 

Rob' Corbin Samson Perli 

James Andrews Thomas Sandford 

There is butt 12 or 13 ffreemen in our Towne according 
to y® Articles of freedom in our Submission to y® gouerment 
6 of whome haue subscribed here unto & fine voted for 
gouernour & other oflicers Yett there are seuerall who say 
they are free butt wee Know itt nott & most of vs would 
haue voted if wee had had warrants as formerlie, to Comand 
vs so to doe. 



OF THE STATE OF MAINE. 309 

Petition 
To the Kings most Excellent Matie^ 

The Humble Petition of yo"" Matie's ffree- 
borne Subjects Inhabitants of yo'' Prov- 
ince of Maine in New England./ 
Humbly Sheweth 

That yo"" Maties Royall fiather of ever blessed Mem- 
ory by his Letters pattents bearing Date at Westminster in 
the fifteenth yeare of his reigne did grant vnto S'' ffardinando 
Gorges his Heires and Assignes that Tract of land now 
called the Province of Maine makeing the same equall with 
the Palitanate of Durham to Injoy the like Priviledges To 
lay out and grant Townshipps or dispose of lands not 
disposed of before and that noe Lawes as should be exer- 
cised in that province but such as were made and con- 
sented vnto by yo"^ Maties Freeholders Inhabiting the 
said province. 

That yo"" petitioners vpon those Invitacons and Incourage- 
ments did settle in the said province in great numbers and 
in short time increased into severall towneshipps haueing 
amongst vs severall Courts of Judicature and Records and 
were for diverse yeares governed according to their Lawes 
(agreeable to the Lawes of England) made by the Com- 
missioners of the said S'" ffardinado Gorges and the ffree- 
holders. 

That the Bostoners vnder pretence of an imaginary boun- 
dary Line did invade our rights and priveledges and erecting 
their owne Authority by causeing the Inhabitants to sweare 
fidelity to their Government. 

That about the yeares 1661 vpon our humble representa- 
cofil of those matters yo' Matie was gratiously pleased by 
yo'' Royall Letters of 1664 to that government to require 



310 DOCUIMENTARY HISTORY 

them not farther to disturbe or Intermeddle in the provmce 
which they then refused to obey. 

Wherevpon yo"" petitioners representing their greivances 
to yo'' Maties Comissioners in 1665 they solemnely restored 
and reestablished yo'' Maties authority amongst vs by which 
wee Administred the Oath of Allegiance and proceeded to 
soverne according to our former lawes and soe continued 
till about the yeare 1668 when Major Leveret Walden and 
others entered vpon the provence and with force of armes 
disturbed the Inhabitants then at a Court holden for yo"^ 
Malie at Yorke in yo'' Maties province of Maine Comanding 
all proceedings for the future to be Manadged by their owne 
authority and Lawes since which time notwithstanding the 
great loss susteyned by the late Indian wars wee are 
still oppressed with heavy rates and Taxes Imposeing the 
Suine of 3000' and vpwards to be collected and paid by the 
Inhabitants of three Townes (viz*) Yorke Wells and 
Kittry. 

Yo"^ Petitioners humbly pray yo'' Malie to 
take the p''misses into yo'' Royall cousid- 
eracoQ And by yo"" gratious Letters to 
reestablish and confirme vs vnder yo"^ 
Royall authority granting liberty to Ten- 
der Consciences and to impower such 
whose names are here underwritten to 
govern according to the lawes and con- 
stitucons of this yo'' Maties province 
untill yo"" Maties pleasure be further 
knowne therein to which wee shall in all 
readiness and Duty submitt. 
And yo*" petitioners shall for ever pray. &c 

John Hole. Rich White. Enoch HaAvkins Nicholas Shap- 
leigh peter Dixon Tho : Rice Elihu Genison Rich : Nason 



OF THE STATE OF MAINE. 311 

Tbo: IFurnall : Roo-erDearino- Tho : Hanscom Joshua Down- 
iug Rich : King Jo" Twisdeu Rich. Jo well Gabrill Tetherly 
Rich : Miller James Wiggin sen'' Christian Reniuith Rich : 
Greene Diggerie Jeflery Edmond Hammond Stephen Jen- 
kings JohnMorill Jal^is Jenkings Jo"; White John Greene 
George Buren Adrian Trie Rich : Banks John Keny Rowland 
Young sen' John Miller John Watson John Pudington 
Sampson Anger Tho : Mussey Jerimiah Sheres Joseph 
Daniell Thomas Drafton Nath : Raines John Brane Arthur 
Baiell Jasper pulman Nath : Daniell W"^ More Clement 
Yorke Alexa : Cooper Johnnathan Nason Rich : Bray John 
Lard John Taylo-" Josiah Wite Tho : Curtis W"^ ffurbish 
Rich : Calle Tho : Littlefield John Granger Tho : Bicfor 
Tho : Bragden James Wiggin Jun''Benjamine Nason Henry 
lebbe John Moggerage Nathan Lord Jun"" Christopher Edg- 
com John Ameradeath Sen"^ Abraham Lord John Jordan 
John Ameradeath Jun"" James Stacpole Sam Jordan W" 
Tetherly John Mason Dominicus Jordan Jerimiah Jurdan 
John Trickle Christopher Batt flrancis Trickle Andrew 
Sarel Sen"^ W" : Mansfield W" Hilton John Sarle John fflee 
John Billing JohnNeale AmbraBodon Samson Whiet peter 
Grant peter Shaw Rice Thomas Nathan Bradford Christo- 
pher Mobhell John Baiel George Inggerston John Tinny 
Nicholas Tucker Anthony Bracket James Randel Lues 
Tucker Thedeous Clarke John Mackerell Humphery Church- 
well John Dawes John Simpson Paul Williams Lawrence 
Davies Antho : Row Thomas Patten W"' Reener phillip 
fibxwell John Deancant W"" Rogers Waymouth Bickton 
Joseph Hodsdon John Welding Henry Elkings Thomas 
Stanford John Stilling Tho : Mosse Robert Stanford 
Joseph Gingerson Robert Eadge John Wallice George 
Ingerson John Hill Nathaniell Wallice W"^ Sriven phillip 
Lues Robert Rogers Samson Penle Stephan Letherbee 
John Holman Robert Heanes W" Heans 



312 DOCUMENT AKY HISTOEY 

Petition of John Littlehury 

To the Hono'"''' the GoQnor Assistants & 
Deputies now in Gene''" Court at Bos- 
ton assembled : 
Humbly Sheweth that yo'' petitione'' in y^ yeare of o'' 
Lord iG31 was drawne in by the perswasion of Capt Mason 
& others the Adventure''* for Certain Tracts of Land Lying 
on the North East & South-west of puscattoq'" River in New 
England to pay vnto theire Treasure's Three hundred pound 
upon theire gmise, That if yo'' petitione"" should refuse to 
gceed therein with them Then the said propriato'"s would 
enable yo"" petitionc"" to receive the said iij C pound out of 
the first profits should be made or Received out of the said 
Lands : Now in pformance of theire forme'" Engagem*- 
Griffith Gardner & Eyres about Five years since (being all 
the proprieto'' then living did Convay & Assure by Deed 
all theire 4"' part granted vnto them by his Ma"" as the said 
pattent doth more fully Declare w"' the said Divident of 
Lands lying on y*' North East Side of Kittery parrish made 
by S"" ftardinando Gorges/ Capt mason with the other propri- 
ator' in y® yeare of o"" Lord 1633 : Now for as much as yo'^ 
petitione'' hath been deluded these Three yeares to his great 
hinderance & dammage by Capt Champernon,Majo'' Shapley, 
D"" Barefoot, Corbet & other grand Lisendiaries to this 
p''sent Gofiment In that they will not permit or Sufier yo"" 
petitione'" according to the former Divident made as afore- 
said, in Auno 1633 to measure & lay forth m'" Gorges Three 
miles from the Sea up the River of Puscattoqr. they well 
knowing that m"" Gardner' is to begin where m' Gorges 
Lands End : And the Rest of the propriato'"* are to goe up 
the river xij miles Now Majo"" Shapley being Sensable that 
if Capt Champernon should Suflfer yo'" petitione"" to measure 
& lay forth the propriato""' xij miles of land, to begin where 
m'" Gorges iij Miles end then he should be questioned for 



OF THE STATE OF MAINE. 313 

Seliall Sumes of money w''^ he hath illegally taken of other 
men for lands w'^'' he hath sould. And lately vnder Culle' 
of powe"" received from Colonel Nichols hath disposed of 
Great tracts of Land And made Leases of Lands for A 
thousand yeares to m'' Hilton of Exeter, Docto' Barfoot & 
diQs others vnder p''tence & name of Hamsheire pattent. 
w*''in the Compass of the Lands so Leased great part of the 
propriato" & yo"" petitione" Lands are included : 

Now yo'' petitioned in Respect to his Great Age Humbly 
Craveth the Aid & Assistance of this Hono'^''''' Court eyther 
to make an order for the Measuring & laying forth yo"" pe- 
titioned & other the propriato''^ Lands or that this Court will 
be pleased to order Capt Thomas Clarke, Capt Walding & 
Capt Pike to treat with yo*" petitione'" about Setling & Assur- 
ing of his Ma"^^ Grant or pattent vnto this Hono""^ Colony 
of the Massathusets upon Such reasonable termes as the 
said Capt Clarke Capt Walden & Capt Pike shall make 
report of to this Hono'*''^ Court, that so yo'' petitione'" may 
p'pare him selfe to goe with the next Shiping for England & 
there make good what they shall find defective Concerning 
the p^'misses : 

John Littlebury :/ 

In answer to this Peticon, y® magistrates Judge meete 
That Major Generall Leveret, m-" Edw Ting & Cap* W» 
Davis be a Comittee to Inqvire into y® true state of y® case 
reffering to y® Peticoners Interest in any land meuconed, 
who are to Informe the next Court Eleccon thereoff : 

Their brethren the deputies hereto Consenting. 

3^ Nov-- : 1668 Edw : Eawson Secret 

Consented to by the Deputyes 

William Torrey Cleric 



314 DOCUMENTARY HISTORr 

The names of those men who were Instituted by his 
Maje** Commissioners to gouerne the Prouince of Mayn In 
New England July 1665, & were turned out by the Com- 
missioners of Boston 1668 

Imp' President Henry Gosslin Esq'' 

of good parts & conuersation well beloved of the 
inhabitants and ailways A uindicator of Kingly 
Gouerment both Ciuill & Eclesiasticall liueing at 
Black Point 

Cap* : Champernoone 

of Piscataqua a man ailways for the King, and was 
Com'^'' at Sea in same ship under the Lord of Mal- 
brough many years agoe 

Maj-- Witt : Phillips 

of Saco Riuer a man of good Estate & Conuersa- 
tion : beloued of alt sorts, & one that Suflered 
imprisonment for standing up for the Kings gou- 
ernment untill forced by Bond not to act according 
to his Commission. 

JVP Robert Jourdan deceased 

M'^ flrancis Hooke 

A man of good life & conuersation 

M' George Munjoy 

of good Estate & conuersation well beloued in the 
place he lined to say Casco bay 

M' James Whelewright 

of Wells of good Estate & Estemation among the 
people 

M^ Robert Cutt 

of Piscataqua Riuer of good Respect amongst the 
People 

M'^ Edward Johnson 

of Yorke An honest man and altways for Kingly 
Gouerment 

Cap? Winkall of Piscata 

M'' Edward Rishworth 



OF THE STATE OF MAINE. 315 

Both men ■without Schandall in Reference to life & 

conuersation, & now are assotiates for Boston 

which is a Small Majestraticall Power they haue. 

Men that are Enimies to m'' Gorges intrest, liueing in 

the Prouince of Mayne 

majo"" Bryan Pembleton 

A man of Saco Riuer of Great Estate, & uery pre- 
cise independant, beloved only of those of his fra- 
ternity, being both an Enimy to the Kings interest 
& laf Gorges Interest, allso a great Ringleader to 
others to the utmost of his Power 

Cap? Raines of Yorke M' Neale of Casco bay Arthur 
Auger of Black Poynt Andrew Browne of Black Poynt 
ffrancis Littlefeild of Wells Henry Sawyer of Yorke Peter 
Wyar of Yorke 

these are men of indifferent Estates, & are led by maj 
Pembleton & of the same independent way understanding 
little but what he tells them is law or gospell 

The names of some men in New hampshire 

Imp"" m" Richard Cutt of Strabery Banke 

m' John Cutt of Strabery Banke 

m' Richard Martin of the same 

m' Nathaniell ffryer of Great Island 

m"" Thomas Daniell of the same 

m'' Mahone of the same 
these are all men of great estates especially the two Cuttes 
who are thought to be worth no lesse y" fifty thousand 
pounds, men not so over precise but that honour will Bias 
them any wa3's : that they were but in commission with 
those his majestic doth appoint noe question but they would 
except the same & sway all the Country as they Pleased for 



316 



DOCUJVIENTARY HISTORY 



there is not one man in ten but what are continually in their 
debts, & Beholden them to trust 



Petition 

To y" Honord Generall Court of his Majesties CoUonie of 
y® Massatusetts att Boston 

May itt please this honord Court wee whose Names are 
vnder written haueing formerly presented a petition to this 
Honord Court for y® takeing vs vnder y^ gouerment, Doe by 
these in y® behalfe of our selues & y® rest of our Neigh- 
bours humbly renew our request vnto you, & for y* end & 
purpose haue desiered & impowered our Loueing frind 
ffrancis Neale in our Names to Solicitt you & to prosecutte 
y^ busiues for vs and what he shall doe in our behalfe in y* 
respect wee shall owne as if itt were done by each of vs in 
perticular. 

Thus with our prayers to y® 
great guider & Gouernor of all things to guid & direct you, 

Wee subscrib 
Yrs to bee Comanded 



Aprill y^ 2*"^ 6 



Richard Bray 
John Cussens 
Henry Webb 
William Ryall 
James lane 
John Ryains 
John Burrell 

marke 



Bengemen 



;3 



Stiuenes 



John Hollmane 



OF THE STATE OF MAINE. 317 

• Agreement of the Toum of Kittery. 

May 8tM669. At Kittery 
At a generall meeting of the inhabitants of the Towne of 
Kittery it was unanimously concluded that for prevention of 
the burthen to its inhabitants with respect to meeting for 
publike worship of god and traineings in regard of the dis- 
tant dwelling of the inhabitants as at present accounted in 
one Towne that with respect to the occations aboves*^ stur- 
geons creek shall be a dividing line betwixt the upper and 
nether part of the s'^ Towne that none shalbe required to 
come over the s'^ dividing line ether for publike worship or 
for traineings except one meeteing yearely for traineing two 
dayes tyme and this agreement to be presented to the Court 
for a full establishment thereof and the other traineing days 
which the Law requires to be kept in the distinct divisions 
and one or two days yearly to be if need require for publike 
Towne meetings for makeing choice of Country and Towne 
officers to be had yearely and who ever neglects to attend 
the publike meetings vpon notice given according to 
Custome of this Towne is to pay five shillings. 

By Genarall Consent of the in- 
habetances of the towne 
g mee 

James Heard Town Clarke 



mo 

69 



5 : 3 The Deputyes Judge meete to Confirme this 
agreement of the Towne of Kittery & to 
stand in force duringe this Courts pleasure 
■^th reference to the Consent of o"" Hono'''^ 
magis*^ hereto. 

William Torrey Cleric. 
Consented to by the magis*' 

Edw. Rawson Secret 



318 DOCUMENTARY HISTORY 

Letter from John Litilebury May 12. 1669. 

Hono : Sir 

111}^ 4th pj^^.^ . g suruey Cometh vnto 6000 Acors the In- 
habitants offered 2" An Acor to purchas the s** Lands, all 
the Lands within the bounds of our pattent, Ariseth vnto 
ffortie Thowsand Acors which I haue power to dispose 
of; The proprietors about twenty years since prevaled 
with me to Come into new England, to settle there 
plantations, which I did at my owne Charge, and did 
then Enter and layed clame vnto the He of Shoales, 
tooke Quiet posession of the house & Lands in littell 
harbor where Cap* Neale lined with seruants we sent 
him out of old England for the vse of the pattentees 
and did now lately take posession of house and Land in 
great harbor with m'' ffryers Consent, all the Inhabitants are 
very desirous to Compound, which I had long since done 
but that we Cannot well Agree before m' Gorges 3 miles be 
measured and layd out, because we ought to beginn our 12 
miles up the Riuer, wdaere M"^ Gorges 3 miles ends, as the 
Deuydent Expresseth, my Oath which I haue laitel}' taken, 
the truth wherof is more pretious to me then all the world, 
if you please to make any scruple of the Assuerance I haue 
passed, I will procure M"" Gardner, and allso the Executors, 
or Administrators of the deceased pattentees to Act what 
yo" please to Conceaue is fitting to be further done ; I hum- 
bly Intreat you to remember we haue had the posession of 
the Land neere 40 yeares — spent and disburced aboue GOOO 
pound in prosecution of this business, All which Assurance 
shall be made good vnto you as law Can require ; I beseech 
you doe not vnclapse our Interest and drowne it in yours, 
the King will not suffer it./ 

Noe prescription of time or Law Can barr the Kings right 
& Interest vnder w^hom we Clame our Land by the broad 
seale of England (Sir) I pray make vs not the fErst of all 



OF THE STATE OF MAINE. 319 

the pattentees which shall suffer vnder your Gouerment, I 
desier but 200"^ to pay my debts, and Carry me for Loudon, 
in a vessell now goeing, thus you may raise 2000 pound to 
be at yo'' dispose, & giue better Content to the Inhabitants, 
if not, pray make an order in Court to measure & Laye 
forth the Land as we haue presidents, you have formerly 
done in the like Case. The deuident Expresseth the bounds 
& Limets of the Land, George Walton the Quaker and old 
Mayson haue lately sould in great & littell Harbor 40 Acors 
of Land at the vtmost for aboue 400 pounds, which Lands 
in right did belong to our pattentees & my selfe ; Thus 
Sir) I shall leaue all to j'our wisdom to order as the Lord 
shall direct youre hart ; 
May 12"' 1669 

/ John Littlebuiy 



Report. 

The Gen : Court referring y® enquiry into y^ true state of 
Capt ; Jn'' Litlebury his interest unto y® lands mentioned in 
his Petition p''sented to them y" last Sessions of y*^ Court in 
Octol/ 1668 vnto us vnderwritten, to make report thereof y* 
Court of Election following. 

In pursuance of w'"' reference wee gaue y^ s"' Capt : Jn" 
Littlebury a meeting, who p^^sented his pap''^ & writings to 
us, vpon perusall whereof wee find as followeth viz' y' y' 
Corporation of Plymouth by Indenture (3. 9. 1631 to S"" 
fferdinando Gorge Knight, Capt. Jn" mason & their associ- 
ates, Jn° Cotton Hen. Gardner, George GriiSth, Edwin Guy 
Tho : Wannerton, Tho : Eyre, Eleazar Eyre, for seruices 
done for advancing y* Plantation, making Clapboards & 
Pipestanes, Salt, transporting Vines, searching for Iron, 



320 DOCUMENTAEY HISTORY 

transplanting many souls) grant all y* land, all y' house & 
habitation att Pascataqua 6 miles to y® Westward of itt to 
y' latitude of 43 degrees to Laconia in y^ harbo*" of Pascat- 
aqua, so proceeding Northward & Northwest ward into y* 
harbo'' & Riuer along y® Coast, including all y* Hands vp to 
y* Plantation in y* Occupation of Ed. Hilton, from thence 
"Westward & S. W. ward in y^ midle of y^ Riuer, & through 
y* midle of y^ bay or Lake Baquacack alias Basquacack to 
y* westermost pt of ye Riuer Pascossock to y'' foils thereof, 
from thence by an imaginary line to pass ouer land to y* sea 
where y' Perambulation began, all Prerogatiues, Jurisdic- 
tions, also y^ Isles of Sholes & ffishing, & all 15 miles of y^ 
sea-coast on.y^ E. & N. E. of y" side & Harbour of y" Riuer 
being 15 miles to y^ S. E. of y** mouth or first entrance so 
vp to y* ifall & Ponds & Lakes y' feed them 30 miles vpp, 
& so 3 miles from y^ s*^ River, To y* Gent, aboue named 
paijng to y* King y^ 5"^ pt of mine Royall & to y^ Councill 
40' sterl. at y" feast of S' Michaell if lawfully demanded att 
y* insurance office on y* West-side of y^ Exch, y^ scale of 
y' Councill being to y^ one pt. & of y^ ptyes to y^ other. 

Dec. 6* 1663 a division made att a meeting of S"" fl^erdi- 
nando Gorge K' Capt. Mason for hiraselfe & Jn° Cotton, 
Hen. Gardner, George Griffith, Tho : Eyre for Tho : AVan- 
erton & Eleazar Eyre, y^ greatt house & land to y* W. of 
y^ Riuer to lye in Comon, y^ land on y* N. E. side to S"" 
fferdinando Gorge 3 miles beginning att y* E. point: Hen. 
Gardiner 3 miles f from him, to George Griffith, m'' Waner- 
ton, Eleazar Eyre, from m"" Gardner 8 miles, W'*"^ i of a mile 
of y' flails of Newichiwannock, to C. Jn° Mason & M' Cot- 
ton to begin i of a mile below y* fl'alls vp y^ Riuer Newich- 
iwannock 15 miles. 

A letter of Attourney from Geo : Griffith, Hen. Gardner, 
& Eleazar Eyre to Jn° Litlebury & W''* Thomas joyntly or 
either of them to recouer all lands of theirs in N. E. granted 
July 4"' 1664: These foure persons forenamed make a 



OF THE STATE OF MAINE. 321 

deed to Jn° Litlebuiy & ^Y'^ Thomas for y* paines they shall 
bee att, whereby they sett ouer i pt. of all such estate & 
lands tenem'^ Plantations, shares of Laud y* appertaine to 
them m N. E., whether by Grant from y^ Council of 
Plymouth, or otherwise, & i p' of arrears of Reuts to their 
vse & behoofe July 4*'' 1664 

Jn" Litlebury by a deed 29* Oct. 67 makes ouer his i pt. 
to Tho : Lake, Jn" ffreake & Emanuuell ffryer : 

Jn° Litlebury & W^ Thomas joyne in a deed to y^ same 
persons to y" same purpose 13"" Maij 1668 w"'^ deedes y* s'^ 
psons are ready to giue vp to this Gouernm', all w'^'^ is sub- 
mitted to y^ wisedome of y* Hon*^ Court. 

Ju" Leverett 
Edward Tyng 
W"^ Davis 
29. 3. 69 



Petition of Capt. John Litlehury, 1669. 

Cap' Litlebury^ pet 
Rec'' w'^ y^ magis'* 
& nothing due 
1669 g Curiam 



Ent. 



To the Right Ilono^^^ The General! Court 
now Sitting in Boston 
The humble peticon of John Litlebury 
Sheweth 
That Whereas, the last Court of Assistance was pleased 
to take his sad condition into their pious thoughts, in Grant- 
ing his desire, in the petition then presented, whereby to 
enable him to pay his just and due I^ebts, and to furnish 
21 



322 DOCUMENTARY HISTORY 

him w'^ necessaryes, he greatly wants, that soe he may Ship 
himselfe, w**^ m"" Clarke who intends the latter end of this 
month to Sett Sayle for England : Your petitioners humble 
motion is, That this honored Court will now at theu- first 
Sitting be pleased to impower Anthony Checkly of Boston, 
to Measure and lay forth, the fine miles granted by his 
Majesty to the Adventurers, as is expressed in the Pattent 
which said five miles of Land, leading from y"^ Old house m 
Litle Harbour, towards the little Bores head, and that y^ 
said Anthony Checkly, may take out of y" ^^id five miles, 
in Satisfaction of y^ petit" fowrth part, one mile and a quar- 
ter, or thereabouts, to be disposed of by Cap* Lake, for the 
vses before expressed, That Soe your petitioner, may not be 
disapointed of his passage with m-^ Clarke, 

And yo"^ petit' shall pray &c 

Ansiver 

15 Octobe'- 69, 

In Ans' to r peticon The Court hauing scene & pervsed 
the Eeturne of the Comittee & find y' the peticoner hath not 
made to Appeare any Right to the lands mentioned in his 
peticon & knowing that seuerall parts of Portsmouth & 
Hampton for many yeares haue been setled on that land ; 
Jud-e meet to referr the petitioner to a due Course of 
lawe" for recouering of his right, if he legally make appeare 
he hath any : and Orders the Treasurer in regard of his 
lowe Condicon to take order for his passage to England y' 
he returne to his relation & for his provision by the way, 
the macris'^ haue past this their brethren the deputys hereto 
consenting. Edw : Rawson Secret 

Consented to by the Deputyes 

William Torrey Cleric 



OF THE STATE OF MAINE. 323 

Petition of John Littlebury 

To the Honnera^'« Genarall Court now sitting in Boston 
the humble Motion of Jn° : Littlebury 

IV petition Retornethe the Honnerable Court HUmble 
Thanks for there Care in supplying mee with nessesarys 
whereby to inable mee to ship my sealfe with m^ Clarke ; 
only yo-- peti*-- assumeth the bouldnes to troiible the Court 
further with his sad Condision when hee shall ariue in Eng-- 
land, that then hee will bee altogether destitude of frends 
or menes in London to supploy his wants vntill hee Can goe 
to holy Island nere barwicke 240 miles from London where 
hee was formerly Gouerner there y-' peti- haue menes to 
mamtaine him; & there beeing noe traveling into those 
pails vntill May at soonest y- petio-^ Craueth this Honora'^'^ 
Court will bee pleased to ; order m^ Christopher Clarke to 
pay y- petio-" at London tenn pounds p 40^ p month or 
sooner if he can travell for holy Island for the season of the 
yeare which favour if this Hono^>« Court please to Grant ; 
T' peti«^ Euer be obliged to pray &c : 

Li answer to this pet the Deputyes Judge meete to graunt 
the pef fiue pounds to be payd accordinge to his desire 
herem exprest o^ Hono'"'' magis'» Consenting hereto. 
^^ (^) 1^^^ William Torrey Cleric 

Consented to by the magis'^ Edw. Rawson Secret 



Petition of several inhabitants of several freemen of Falmouth. 

To y« Honor-* Generall Court now sitting att Boston 
r humble petition of Seuerall ffreemen of ffalmouth 

Humblie Sheweth/ 

That whereas Through y" mercie of god this Towne, for 
seuerall years both formerlie & Latelie lived in peace & 



324 DOCUMENTARY HISTORY 

vnitie vncler y"" Authoritie, and haue according to y* vtmost 
of our endeavours according to our oaths & engagements 
endeavord to maintaine y* Lawes & priviledges of this Juris- 
diction so here by wee have procurd y* envie & malice of 
manie who have lateli beene active against this Authoritie & 
still are desirous of a change/ wee thought wee should 
have sent a Deputie to this court butt through vrgent oc- 
casions of some of vs who were nott present att y* town 
meeting nott thinking of any opposition against y^ same & 
y' opposition of others who were present wee have sent 
none butt humbli comend to y'' consideration as ffolloweth : 

1 That this Honord Court would be pleased to determine 
whether it bee this Honord Court pleasure y* all hous hold- 
ers should votte for countie officers nott beino; ifreemen. 

2 that this Honord Court would bee pleasd to take con- 
sideration in reference to y^ Township this honord Court 
was pleasd to give vnto vs, for what through y^ great tracts 
of Land some vnder pretence of pattent some vnder pretence 
of Indian Deeds our Township is very small if any thing, 
whereby wee are nott in any possible capacitie of enlargeing 
or increasing our Towne but know how soone wee may be 
shouft out of our posessions wee haue Long time enjoyd. 

3'y That this Honord Court would be pleasd to Comission- 
ate some, as formerlie to bee joyned with those y* are chosen 
associatts, for if all housholders vote for countie officers we 
doubt nott butt in time those will be chosen in these parts 
for officers for y® counti in these parts y* haue formerlie 
opposd this Authoritie & still would if they could & have 
more then ordinarie malice to those who have according to 
there oathes & engagements beene faithfull to this Author- 
itie, & have opposed the others in there former actions & 
present endeauours against this Authoritie, of w'^'^ particu- 
lars we humbli craue this honord Courts Consideration & 



OF THE STATE OF MAINE. 325 

humbli recomend you & all y' affairs to y* guidance of y* 
most high & subscrib Yrs to bee commanded 

ffrancis Neale 
Eol^ert Corbin 
George Leiues 
Nath : Wallis 
James Andrews 
John Lewis 
Phenthas iniim 
Richard Martin 

The Deputyes desire o*' Hono""*^ Magistrates would please 
to giue answer hereto in the first place. 

William Torrey Cleric. 

The magists Judge meete to declare that in relation to 
the person' to voate the lawe directs as to the bounds of the 
Touneship. It is Referred to the County Court in those 
pte' to Consider & setle and for y^ 3'^ branch The Court 
Resolues to Appointe one. The magis*' haue past this their 
brethren the deputys hereto Consenting 10*'' June 1671 

Edw. Rawson Secret. 

Consented to by the Deputyes 
William Torrey Cleric. 



JDepositton 

The Deposition of ffrancis Robinson aged fifty two yeares 
or thereabout saith that whereas he this Depon* was a Resid' 
in Sacho in the yeare 1631, & being at a Gnatt Court held 
for the province of Maine in the yeare 1643 or therabout, 
at which Court there came orders from the then Lord pro- 
prietor of the said province, vnto his Comissioners & the 



326 DOCinHENTARY HISTORY 

said Court, for the bounding out severall grants formerly 
granted, & pticularly for the bounding out of a Patient 
granted to Cap"" Tho : Camock, then in y" possession of JVP 
Hen : Jocelyn, by vertu of which order I the said Depon*. 
being then a magistrate for the said province ; & Jolm 
West being a Deputy for y* Countrey, were appointed by 
tlie said Court to biy out the bounds of the said grant, w^"^ 
according to the best of my skill & knowledge was done, 
the bounds being on the Easterly side of the River called 
Millnes his river, & near to the said Milnes his house on the 
other side of the said river, & from thence to goe to Spur- 
wink to a marsh that lyeth vp the River of Spurwink to 
the said marsh being on the westerly side of the said river 
of Spurwink, & neer about a mile from the mouth of the 
said river which bounds* this deponent hath taken notice of 
to be the bounds of the said pattent for the space of thirty 
live yeares or thereabout & further saith not. 

Taken upon oath befor me 
Sept 6 1670 Daniel Deuison 

This Instrum' is Entred 
in the ReCords of 
the County of Yorkshire 
Edw : Rich worth 
Recor. 
19 July 71 



The Inhabitants of Several Towns to the Governor of 
Massach usetts . 
S^ 

Whereas yo'"" are pleased, by the Subscription of some 
vnusuall warrants ; w*"'' by yo'" order haue Latly been trans- 



OF THE STATE OF MAINE. 327 

raitted into our County ; to require from vs in euery Partic- 
ular Towne a Liste of all our heads & estates reall & Per- 
sonall w*^** wee are apte to thinke may bee to open a passage 
to Lett in a Gen'"" Countrey rate a mounest vs ; from w'^*^ 
wee humbly conceaue ourselfs are Clearly exempted by our 
Articles of agreement haueing neither Law Costome nor 
President for any such practice ever since wee came vnder 
your Authority whose pleasure hitherto hath been to owne 
and declaire vs by your Hon'"'* Commissio*"! vpon- Mature oc- 
catious to be prividgd psons : w°'^ beeing rightly and more 
& fully vnderstood and in due season exemplyfyd before the 
Hon'"'^ Gen^" Court, will rathaire through their Justice & 
Clemency Continew our Inlargm*. then strayton vs of the 
Least priuilidg whereby wee shall stand more firmly In- 
gaged vnto your authority owneing o'' selfes vnder the same 
to bee yo! worships 

Humble Servants 

Dated 7^" 19'^ 1671 George Munjoy 

Yorkshire ffran : Raynes 

Subscribed by vs in the behaulfe Charles fFrost 
of the Seuerall Townes James Gooch 

Vnderwritten / Hen : Williams 



Kittry 

Yorke 

Wels 

Scarbrow 

ffalmouth 



328 DOCUMENTARY HISTOEY 

Testimony of Richard Lockwood May 20. 1672. 

I Eichard Lockwood aged 40 yeers testify sayth, that to 
my owne knowledge I doe know that m'" Henry Greeneland 
and Captayne Walther Barefoot they two have beene very 
troblesom psons in y^ goverment now wee liue vnder espec- 
ialy to make difference among vs to sett vs to law to y® 
mine of o'' estates, one aganst another ploddinge and con- 
triving to wrong the povre out of these estates, w''^ the 
sayd Henry Greenland knows that the sayd Eichard Lock- 
wood hath beene a great sufferer through the vnrigteous 
actings of y® sayd Henry Greenland and Captayne Walther 
Barefoott. Sworne to In Court 20 May 1672 

g Edw Eawson Secret 



■ Complaint of Richard LocJcioood May 20. 1672. 

Eichar Lockwood w"' humility complaineth vnto this hon- 
orable Court of Assistants against Capt" Walter Barefoot 
(soe called) That he conducted A suite against the Com- 
plainant in the County of Yorke by Henry Greenland his 
then Attorney in the time of their Eevolting from the 
wdiolsome safe Government of this Colony for A Debt of 
ninety five pounds Although the Complainant did never owe 
any such debt nor ever dealt with the said Barefoot for any 
such suine but once recived such a sume for A quarter part 
of a vessell he sold vnto y® sd Barefoot, But (may it please 
your honors) soe it happened that by his subtilty & fraud 
he did obtaine A judgment against me the complainant for 
the sd suiTie & thervpon by virtue of an Execution did im- 
prison his body for three months space — by which force 
(least his family might be ruined therby & his vessell rott 
for want of imploymeut) was constrained to give Bills of 



OF THE STATE OF MAINE. 329 

his hand to pay one hundred pounds vnto the sd Barefoot 
for A discharge from the sd Execution, ffivety pounds of 
which is payed. And the other fivety pound bill yet stand- 
ing out y hon" Complainant feareth to be arested & im- 
prisoned vpon the same. Vpon the serious consideration of 
the premesies by your honors your complainant humbly re- 
questeth (if possible) that your Authority may please to 
restraine the sd Barefoot from sveing vpon the sd fivety 
pounds bill vntill I have had a new tryall vpon the abovesd 
suite in A convenient time to be set by your honors which 
is the humble request of him that wisheth all happiness & 
prosperety vnto your honors & subscribeth himself your 
honors most humble 

servant, 

Dated at Boston the 

20th of May. 1672. Rich : Lockwood : 



Order thai Toums in Yorkshire to make their several Bates. 
May 23. 1672, not consented to hy the Deimties. 

The magis*^ having perused the Instruction by this Court 
Given to their Comissioners in Aprill 68 : & their Comis- 
sione" Eeturne as to the reassuming ou"- Gouernment in 
Yorkshire Judge it meete to Declare y* the lette" sent to 
Richard Eussell Esq"" Tresure^- excusing themselues or deny- 
ing to give the Treasurer sattisfaction in making & paying 
their Rates Anvally as the law Directs : are : fiirr from sat- 
tisfoction. & therefore order, that the seuerall Townes in 
Yorkshire & y« selectmen threof are hereby required to 
make their seuerall Rates according to the Treasure^^ war- 
rants, & to make their returnes to him for what is past & 
what is to Come. It being Just that they having binn 
vnder the enjoyment of equall priuiledges w"^ the seuerall 



330 DOCmiENTARY HISTORY 

County' & Tounes of this Jurisdiction they should be liable 
to beare tlieir Jus* proportion in all annuall Charges for the 
support of this Gouerum*. The magis*^ haue past this as 
their Brethren the Deputies hereto Consenting. 

23*^ May 1672. Edw. Rawson Secret. 

The Deputyes consent not hereto but Judge meete to 
reraitt all their former rates due to the Country o"" Hono'f 
magistrates Consenting hereto. 

William Ton^ey Cleric. 



Government to he Settled. 

It is ordered by this Court vppon the desire of many of 
the Inhabitants in and about Kennebeck & the places 
adjacent in the Easterne pts, that some psons be Comission- 
atl to settle Goverment there, the greatest part thereof 
fallinge within the bounds of this Collony as the lyne was 
last Run. the Deputyes haue past 

this Desireing the Consent of 

o"" Hon''^ magistrates hereto. 

William Torrey Cleric. 



To the Honoured Govern! Deputy Governo' with the 
Magistrates & Deputies now assembled in the Gen" Court 
houldeu at Boston the 9'^ of October 1672// 

Whereas at the last session of this Honoured Court there 
was a petition prsented to them by the inhabitants of Ken- 
ebeck Cape-bona-wagon, SheepsCott, Damaras Coave Pemi- 
quid & Monhegen therein Requesting this Honoured Court 



OF THE STATE OF MAINE. 



331 



to take them under the wing of their governni' and which 
petition this honoured Court was pleased so farr to accept 
of as to write a letter to them giveing them therein some 
hopes of setling a government amongst them and which 
letter they ordered to be couiitted to me for to be delivered 
to Leift Gardiner and Leif Davys with order that they 
should publish the same to the said inhabitants : Which 
accordingly I did deliver to Leift Davys and the said letter 
was read publicjjly to the said inhabitants in my heareing : 
Who Reed the same with great thankefuUness : manifesting 
them selves Exceedingly obliged to this honoured Court for 
their great care there in. The like I understand was done 
by Leift Gardiner in those parts, and there received wdth 
the like satisfaction. And the said inhaljitants have desired 
me to prosecute their former petition at this session of this 
Honoured Court that they may be under some setled gov- 
ernm* : flbr besides many other inconveniencies that doe 
accrew by the want of a setled Goverii' there are severall 
transgressors that flye away from these parts & take sanc- 
tuary there the said inhabitants haveing no powre to secure 
them ; Severall such haveing come thether this yeare as well 
as formerly as is well knowne to some in this Court as w^ell 
as to my selfe thus coinending their Request to yo"" prudent 
Caire I am 

Yo''s to Serve 

Richard Collacott in the name of 
the above said inhabitants/ 

In Answer to this pet. The Deputyes haue appoynted 
Cap' Ilutchenson & Leiu* purchis to Joyne with some of o"^ 
Hono''^ Magis*'' to Advise with the petitio'' about the matters 
Contayned herein & to draw vp what they Judge necessary 
in answer to the desires of the Inhabitants aboue Mentioned 
makeing returne to the Court with refference to the Consent 
of o' Hono''' magis'' hereto. 

William Torrey Cleric. 



332 DOCUMENTAEY HISTORY 

Majo"" Dennison is Appointed to Joyne in this Comittee by 
y" magis*' 

11 8. 72. Edw Eawson Secret. 



To the Honoured Govern'' Deputy Govern'' with the Mag- 
istrates & Deputies now assembled in the Generall Court 
houlden at Boston the 9'" of October 1672 

Whereas this honoured Court at their last Session did 
accept of the petition of Richard fFoxwell & Richard Com- 
ings and did order their case to be heard at the Countie 
Court for Yorkeshire, then following : the which the said 
fFoxwell and Comings attended and the said Countie Court 
was upon Issuing out warrants to bring in the said defen- 
dents : one Giles Buro;e being there tould the said court 
that he was John Jacksons atturney and had powre to an- 
swer & would answer for him : And the said Court allowed 
him two days time before they called him and when he was 
called he pleaded that the Law allowed him six dayes warn- 
ing : And so, Refused to make any farther answer : And 
since which time the said ffoxwell & Comings have beene 
greatl}^ injured by the said Giles Burge & John Jackson : 
in their mowing the said ffoxwell & Comings meddowes and 
in takeing away their Hay to their great losse & damage ; 
and the said ffoxwell & Comings have no way of Releife 
Except this Honoured Court shall be pleased to consider of 
some way whereby they may peaceably Enjoy their just 
Rights 

And so have desired me to pQsent this their Condition 
to this Honoured Court who am 

Yor* to serve 

Richard Collacot. 



OF THE STATE OF MAINE. 333 

As to the way that is judged most meet for the issuing 
and determining of all Controversyes amongst them and that 
the said ffoxwell & Comings may enjoy their just & proper 
Rights is : that this honoured Court may please to order 
that all the said partyes may appeare at the next Countie 
Court at Yorke & there make their Respective pleas : Which 
I leave to the judgm' and determinacon of this honoured 
Court 

The Deputyes Judge meet that this Case be heard by a 
Comittee vpon the place & to that end haue Chosen Cap* 
Walderne & Cap' Charles ffrost to Joyne with some of o"^ 
Hono'"'^ magistrates, who are hereby Invested with full 
power to Call all psons Concerned before them & to examine 
the grounds of all differences aboue mentioned & to make 
returne thereof to the next Court of Election the Deputyes 
have past this with refference to the Consent of o"" Hono'"'^ 
Magis'' hereto. 

11 (8) 1672 

The magis'^ Consent not hereto but Referr the peticoners 
to a triall at the next county Court in Yorkshire their 
brethren the Deputys hereto Consenting 

Edw Rawson Secret. 

Consented to by the Deputs 

William Torrey Cleric. 



Letter Edw. Rlshivorth to Copt. Rich: Walden, 
May 1,1673. 

Cap' Walden, after my respects to you, 

Sir, as you may remember I motioned a busines to you 
about some necessary Charges due to several! grsons w''in I 



334 



DOCUMENTARY HISTORY 



my selfe am something concernd, if it bee the Courts 
pleasure to consider them, relateing to y^ troublesome 
occurrences about Henery Greenland Barefoote & others 
both vexatious & expenciue, to the satisfying w''of their hath 
not been y** least returne of any thing either to officers or 
others, although the Marshall yo'' Neighbour Bray hath 
spoken to mee diverse tyms about it, & truely I haue noe 
neede to Informe you y* if there bee not just Icoragemts in 
such cases espetially amongst us, prsons will be very slow 
in y'' motions, to assist or promote any publique concerne : 
I haue here Inclosed the Accopt, brought in to mee by some 
of them onely M'' John Hooles whom I haue not lately 
spoaken with all w<='' I suppose is about tenn shillings, w'='' 
they doe desire you would bee pleased to shew vnto the 
Court, & If the Hono'"*^ Court thinke meete to order the 
Treas"" of the Countrey who received Greenland^ fine in 
money to pay them y"" {equitable demands in the same speties, 
It would be very lucorageing & acceptable to y", as a 
further ol)ligation of y'" thankefuUness & service if neede 
required, Sir, I make bould to trouble you in the peraisses, 
because wee haue noe Deputy from our Town, this yeare, & 
If any thing bee ordered by y° Court o'' desirs are you 
would take It vp in our behalfes, w^'^ is all at grscnt, from 
yours in all due respects, 

May : i 73. EdAV : Rishworth/ 

[Superscribed] 

ffor Cap' Kichard 

Walden, these 

Deliv'' att his 

house att Chutt- 

chechah. 




or THE STATE OF MAINE. 335 

Henry Greenland. 

An Accomp' of severall gsons touching charges an ex- 
pences about Henry Greenlan d/ 

in or about Decemb'' 1671 
Impd to John Bra}^ for expences at his 
house by y^ Marshall & others w" 
the Marsh' : Received y Goue" war- 01 : 00 : 00 

rant to take Greenld 
To the County Marshall for severall 

days tyme & expences in executing 01 : 10 : 

the sayd warrant 
To the charges of Jo" Hoole Consta- 
ble of Kittery : 00 : 10 : 
To y" ReCor : for severall Entrys & 

transcripts about that busines, 01 : 00 : 

04 : 00 : 
This Accop' given in to mee 
by the Marshall Nathlt 
Maysterson this i May : 
73 : as Attests 

Edw : Rishworth/ 

The Deputyes Judge meete to allow this bill of fowre 
pownds to be payd by the Country Treasurer in money o*^ 
Hono''' magis*' consenting hereto 17"^ (3) 1673 

William Torrey Cleric/ 

The magis*" consent not hereto but Referr y*^ determina- 
tion hereof to y'' County Court at Yorke who is to order 
payment if it is due as the Court directs. 

Edw. Rawson Secret/ 



336 DOCUMENTARY HISTORY 

The Deputyes consent hereto. 
May 19 73 John Richards g order/ 



Whereas Cap', Thomas Clarke, & Cap', Tho : Lake of Bos- 
ton in New EngUmd IVrchants did formerly graunt vnto 
Robert Morgan & Mary his wife a parcell of land at Tuisset 
on Kenybecke riuer part of the land they purchased of 
Edward Bateman & ordered m'' Sylvanus Davis theire At- 
torney to giue them a deed for the said land & bound y° 
same. Now Know all men by these p'^sents That the s'^ 
Sylvanus Davis Atturney to y*^ s^^ Tho: Clarke, & Tho: 
Lake & by their order Doe hereby giue & grant vnto y® 
said Robert Morgan, & Mary his wife a parcell of Land 
part of that Land w*^'' they y® said Clarke & Lake purchased 
of Edward Bateman Lying & being at Tuisset on Kenybecke 
river, bounded on y'' south by Tuisset Gut & westwardly by 
Zashadohocke Riuer, & Northerly by y^ Land of the said 
Clarke & Lake w*'^ part of y^ land purchased of y® said 
Bateman) as shalbe laid out, & Trees mark't & hereafter 
mentioned & Easterly part of a Creeke y* runs vp y*^ marsh 
& partly by Meaguasset Bay, To haue & to hold & peace- 
ably enjoy the said Land to him y® said Robert Morgan, & 
Mary his wife for them & theire heires for euer, in as good 
& firme manner in euery way, as they the said Clarke & 
Lake hold y^ said Land purchased of y® said Bateman w"^ 
out any molestation or interuption from y^ s*^ Clarke & 
Lake, theire heires. Executors & Adm" or any person or 
persons, claiming any right. Title or Interest in y^ same, by, 
from, or vnder them. 

prouided, alhvayes, That the s'^ Robert Morgan & Mary 



OF THE STATE OF MAINE. 337 

his wife, or either of them, theire heires or assignes, or any 
of them, doe well & truly pay the said Clarke & Lake, 
theire heires & asignes at Arrozicke house the summe of 
Two shillings g annum, in corne, butter, or mony at or 
vpon the first day of September in euery yeare for euer, or 
in case any hand of Gods prouidence, preuent y*^ paying the 
said Two shillings on y® s'' first day of 7''"" then to pay y° 
same on any day of y® s*^ moneth of 7''". In witnesse where- 
of we haue hereunto set, to our hands & seales at Arrosick 
house this 30"' day of July in the yeare of our Lord 1673 
& in the Twenty fifth yeare of his Majesties Keigne 
Signed Sealed & The 

deliuered in marke X> of 

p''sence of f^ 

H : ffi'ensham Robert Morgan 

Tho : Ashly Jun^ ■ , , k i 

the marke 'j/iJ ot 

Mary Morgan 

The Northerly bounds of y^ land aboue mentioned in this 
deed to be laid out & bounded is as followeth. 

Begining at an Oake marked w*'' M oner against y*' North- 
erly end of an Island, in y*^ marsh where the Creeke in y^ 
marsh comes close to y^ s'' marked tree. & soe to a pine 
tree about Twenty Rod westerly, marked w"' M , then to an 
oake tree standing on y® Northerly part of a blacke Rocke 
m'ked w"' JV| & soe due West to y^ maine riuer. In wit- 
nesse whereof I Syluanus Davis haue put to my hand this 
22 



338 DOCUMENTARY HISTORY 

first daj^ of August 1673 & written vnder theire deed as is 
aboue mentioned 

Syluanus Davis/ 
Signed in j^sence of the witnesses 
following who were p^sent at y® 
marking & bounding y'' s'^ land 
The I B niarke 
Jn'^ Buttry 
L M Vons 
H. flfrensham 

March. 7. 166^ 
Rol)* Morgan sels to Lawrence 
Denis one halfe of my plan- 
tation lying & being scituate 
upon Tuesack Neck : Recorder 

g Walter Phillips fo. 49. 



Petition of Inhabiters of Kittery. 

■ The humbell Adres of the Inhabiters of the Lower de- 
uision of the Towne of Kittery 

Most Honouered Grouernar ower humbell petishion to joxxv 
honour is that you would be pleased to giue vs a hearing of 
ower humbell request to your honour and to Consider ower 
agreuances and to haue a fartherly Care ouer vs in preuent- 
ino; those incombrances that hinder the Caring On of the 
gospell disspencasions amongest vs which will o1)lagge vs 
your humbell petishoners to pray for your euerlasting wel- 
fare and hapines. 

Honoured Gouernar that which W Isack Wells at his 
first coming did informe vs wase nomore but this that he 
being invited by ower frend John Bray to come downe to 



or THE STATE OF MAINE. 339 

vs we haueing noe minister nor Scolmaster : wase at the 
same time coming to your honour to Acquainte you of his 
Intenshion of setling at Roxbury with his Kinsman and that 
he Accwinted your Honour of the invitashion of ower frend 
John Bray and desired your honours aduise in it and that 
your honour did parmit him to Come if he had a desire and 
told him he might haue 3 weeks time to see and vpon his 
returne he might aquinte your honour how he found the 
people and farder he sayd that if he had not at all Accwinted 
your honour with it he would not haue Come vnto vs which 
caused vs to giue your honour humbell thankes and when 
he returned from Boston when he presented your honour a 
Letor from vs and a note of the parishoners handes whoe 
did desire M^ Wells to preach vnto vs one yeer and had his 
asent and promised t© continew with vs if he had your 
.honours consent he informing vs of a leter writer to your 
honour agenst ower proseding and seuerall things agenst him 
& desired vs to acwite him of his Iniagement for he had noe 
athority to preach but would be gon if we would be satisfied 
y^ his Iniagement was voyed but we the in habitance of the 
ToAvne being all resolued y* had made Choyes of him to 
Accwint your honour y^ he was wronged and Judged it ower 
duty to satisfie your honour Consarning what we had found 
by him did desire him to stay a while with vs and to preach 
& he preacht one Lords day and then kept the publick fast 
and preacht one Lords day more and then hering of a Leter 
that ffrances Hooke did pub at yourke and at great Hand 
and at seueral other townes declaring it was from your 
honour agenst him he Left preach before he sawe it & neuer 
saw it but once of Late nor neuer heard ffi-ances Hooke Let 
him nor the Townsmen haue a copy of it Though he hath 
seuerall times promised he should haue a copy and he wase 



340 DOCUMENTARY HISTORY 

the man that Caused AP Thomas Wells whoe was formerly 
ower minister to Leaue the Towne when he had bine with 
vs one yeer ore therabouts and we could neuer obtayn one 
senc till thirow prouidence M"" Isack Wells came and 
preacht amongest vs which we Judge by his doctring Life 
and conuersation to be a pious godly Christian and Awthor- 
dox ore sound in his Doctring acording to the howlsom 
Lawes of New england nowe established amongst vs which 
Ave humbly Judge with your honours Approbasion of : may 
giue him freedom to teach amongst vs which is ower humbell 
request to your honour if you se it conuenient howeuer we 
comit ower selues to the prouidence of y® Almighty and to 
your Christian fatherly care ouer vs as we pray the Lord to 
derect your honour in Althings y* may tend to his glory 
and ower euerlasting hapines. Theise are the particular 
thing's which M*" ffrances Hooke hath Confessed before 
Magier Walldron & M"^ Moody & M'- Reyner & M^' Den- 
nison that he wrotte to the gouernars Honour to Bouston 

first y* M*" Wells should the first Lords day preach that 
he had noe need of a Leter of recomendasion but he had 
brought one from M' Robert Mashall. 

And that he sayd in the aftour part of the day my tex 
wase where it was in the forenone but that he did not name 
it. And that he sayd that Peter & John had noe Larning 
nor Christ neither, now in theise things he hath charged him 
falsly as we can testyfie whose names are here vnder written 
John Bray Robert Mendom Seleckt man 

Geoarg Liscom M' Robert Cutts 

John Liscom John Billing 

Thomas Withers Thomas fi'urneld 

Eprem Crocket William ffurneld 

Thomas Terey M*" ffrances Morgen 

Henry Toocker Nickolus Weeks Constabell 

Thomas Langly Enock Hichings 



4 



OF THE STATE OF MAINE. 341 

Rise Thomas John Howell 

Digeiy Jeffoury 

William Dimond 

Thomas Grant 

Geoarg Liddon 

John Meredy 

Geoarge Boren 

Frances Teegy 

Rise Thomas 

Jeremiagh Gooddrig 

Christaner Michell 

Goyon Willson- "^ 

John Phillips 

Thomas Crocket 

William Roberts 

John Phenicks 

John Billing 

John Balle 

John Shepard 

Robing Edge 

Roger Derent 

Roger Dering Juner 

James Wigings 
M"" Nathaniell Fryer the 21** day of October hath Acnowl- 
edged befor Robert Mendvm Seleckt man that If it be the 
honoured Gouernars pleasur to purmit M' Wells to preach 
here agen he shall haue his approbasion. 



Answer. 

Att A meeting of the GoQ & Assistants held in Boston 
10 Nouembe'^ 1673 

In Ans' to the petition of seuerall the Inhabitants of 
y« Lower Diuissiou of Kittery : The Council after perusall 



342 DOCIIMENTAEY HISTORY 

of what hath binn presented to them not being satisfied, 
as to the abilHtyes & fitnes of M' Isaace Wells to take 
vpon him the office of a Teacher to a people : not the 
best able to Disce^'ne between sound & vnsound doctrine &c 
doe liereby declare that they Cannot Approve of his staying 
among the people there for that End and Doe prohibitt him 
any more to preach amongst them, and that the people there 
may vnde^ stand the good desire of the Council to promote 
their best welfare for their oediffication in the things of God 
they haue so farr taken the matter of their peticon into their 
consideration as that It shall not be longe ere they shall 
comend an orthodox & pious preache^ to labo' amongst 
them, not doubting of theire readines to afford good incour- 
agement to him that shall so labour amongst them.// 

Richard Russell, & Thomas Danforth Esq" are for that 
end desired by the Council to treat w*^ some meete & able 
person// 

past : E. R. S : 



Proposals 
To the King's most Excell* Majesty. 

The humble Proposalls of William Earle of Stareling : 
Ferdinando Gorges Esq^ & Rob*^ Mason. 

That whereas we are Proprietors of three of the Princi- 
pal! Provinces in New England & are willing for y^ seruice 
of yo'" Ma"® & the good of this Kingdome to surrender up 
o'^ pattents for y® same to yo'' Ma"® wliereby yo^ Ma"® will 
haue a just right to send over one generall Governour for 
those three Provinces & settle a moderate governm* sutable 
to y® Condition of y® people und' yo"" Ma"^^ imediate Author- 
ity which will be a meanes not only to hinder the farther 



OF THE STATE OF MAIXE. 343 

incroachm*^ & usurpations of the Corporation of Boston but 
in a short time to reduce them allsoe under 3^0'" Ma*'*^* imedi- 
ate Governm* & very much to y® profit of yo"" Ma^^^ & People 
there 

In Consideration hereof & of the great 
Sumes of mony Expended by o*" An- 
cestors in planting Peopling & mi- 
proueing the Countr doe only humbly 
desire New Grants from yo"" Ma^^® of 
one third Part of all y® Customes, 
Rents Fines & other Profits which 
shall be made in y*^ said Provinces, or 
such other reasonable Compensation 
in Leiu thereof as yo"" Ma^^® shall 
thinke fitt. Rob' Mason 

At Whitehall this 20'^^ day of March 1673 

It is his Ma*^®^ Pleasure that these Proposalls be referred 
to the Lo Com^* of Forraine Plantacons to consider of them 
& make their Report with w* convenient speed they may to 
his Ma"® who will y" further declare his Pleasure 

H: Coventry 



Court at Pemaquid, ^e. 

At a courte held at Pemaquid 22 July 
1674 by Major Tho : clarke Humphry 
Dauie: Rich'' Collicut, and Lef* Thomas 
Gardner according to commission and 
order of the Generall Courte of the 
Massatusets collony, Dated in Boston in 
N : E : 27 day of May 1674 
coppie where of is here recorded — 



344 DOCUMENTARY HISTORY 

Boston in 
New England At a generall court held at Boston vi day 
of May 1674 
( Scale ) In pursuance of an order, at the general 

court in October 1673, It is ordered that 
Major Th*> Clarke, m'" Humphry Dauie 
ra"" Richard Collicutt, and Lief* Tho^ 
John Leueret Gardner, or an}^ two of them whereof 

Major Th'' Clarke to be one are fully 
hereby Impowred, to repaire to Pemma- 
quid, Capenawaghen Kennebec : &c . or 
some one of them to the eastward, or there or some one of 
those places to keep a court as a County Court, to giue oaths 
to the constables, there appointed, as allso to appoint and 
Impower, meett persons, Inhabitants there to such offices, 
and places as far as they be, within the lyne of our pattent, 
according to god and the wholesome lawes of this Jurisdiction 
that soe the way of godliness may be encoredged and vice 
corrected. And it is hereby farther declared, that the Gen- 
tlemen aboue mentioned, shall be and here by are Impowred, 
to Appointe commissioners courts, for the ending of small 
causes, which commissioners shall haue magistraticall power 
in marring such as are duly and Legally published according 
to law, as allsoe to punuish criminall offences and the county 
court is here by impowred to settle the Militia in those 
places, and in all places, where there are not fremen, they 
may make use of any fitt men prouided they haue taken the 
oath of fidellity, any thing in the law to the contrary not 
withstanding By the court E^ Rawson 

Humphry Dauie, Richard Collicutt, and Leift Tho : 
Gardner, tooke theire oaths according to Law. 

Leif * Th® Gardner is appointed treasurer, as county treas- 
urer, from Kennebeck eastward within the lyne, which many 



OF THE STATE OF MAINE. 345 

of the Inhabitants desireing, may be called the county of 
Devon, this court confirm the same or take farther order. 

The inhabitants, of the severall places in this county, haue 
been warned, aiid a considerable companj^ appearing, the 
court caused the comlssion and order of the generall court, 
aboue said to be publickly read : 

Richard Olliuer, of Monheghen, is nominated and appoint- 
ed to be, recorder and clarke of the courts of this county, 
who took the oath accordingly. 

Thomas Humphries, cunstable at Saggerdehock, and 
Kennebek: Robbert Gammon, of Capenawaghen, William 
Walters of Dammeralls coue Jolin Dolling of Monheghen, 
tooke theire oaths as cunstables allsoe Tli*' Cox of Pemma- 
quid : tooke his oath allsoe. 

The Grandjurimen tooke theire oaths allsoe, according to 
law for their seuerall places as foUoweth — 

Robbert Edmunds, Ambrosse, Hannewell, 

John Uerrine of Saggerdehoke 

John Wriford, Elias trick, John : Pride : of Dammeralls ' 
coue. 

George Bickford : Reynald Kelly : of Monheghen 

John Cole of Pemmaquid. 

The Constables & grand Jury men aboues'^ tooke the oath 
of fidelity (only John Pride tooke his oath at Salem) as 
alsoe thes psons following present Inhabit*^ 

Capt" Edmund Pattishall m*" Ickabod Wiswall, m'" Richard 
Oliver, W™ Bickford Edward Barton Rich'^ Hill Henry Curts 
ffrancis Brown, Rich^^ Warren : henry Stoakes : W"^ Denbo 
Edward Dorr Jn° Dare Geo : Burnett: Nic*' Osburne Tho : 
Parker David Oliver Emanuel Witchalls Jn° Cock : Tho : 
Phillips : Tho : Helman Nic° Carary ; Jn« Parker : Nic° Den- 



346 DOCUMENT AEY HISTORY 

ning : Abel Haggeridg : Edward Cole : Jii° Wildgoose Tho : 
Parnell: Aaron Beard: Greggory Langsberry; Abra : Clarke 
Tho : Coxe Jun'" : Henry Curtis Jun'' : Shadrick cox: Ri(5hard 
cox : Rich'^' Pearce Jun'" : Robert Cawly Tho : Adger : Richard 
Bradaway : Rieh^^ Bucknell : W°» Edwards : Tho : Cox : W"* 
Waters : W"^ V/elcome : Jn° Bessell : Peter Collins : Rich'^ 
Glass. Tho°^ Phillips Hen : Palmer Jn° Palmer Jun'' Phillip 
Brye! W^ Phillips : Jn» Stover: Ju^ Palmer sen' : Rob* Ed- 
munds : James Widger : Tho : Haels : Jn« Gingden : Nic° Val- 
lack : Jn'' Selman : William Trout : Nic° Heale : Geo : Buck- 
nell : W" Cox : Th« Cox. 

The Constables of each place in this County were ordered 
to call the Inhabitants togeth'' and to Read or cause to be 
read the lawes of this Juyisdiction vnto y^ in Convenient 
time. 

Administration to the estate of John Walter a fisherman 
somtymes Resident at Monheghen & sometymes at Damerells 
coue who dyed about four yeares since is granted to Geo : 
Burnett Resident at Monheghen who is to dispose of the 
same according to the cleerest testimony of, and to whome 
y® Estate doeth belong & to bring in an Inventory of the 
same to y® next comission Court, heere, & himselfe as prin- 
cipall & Rich*^ Oliver as Suerty doe bind theraselues in fifty 
pounds a peece that this Order shallbee attended & pformed. 

These psons ffollowing are Nominated & approved as Sar- 
geants & Corporalls to Exercise Millitary Discipline to y® 
Inhabitants in the severall places according to law ffor Sag- 
gadehock & Kenuebeck Tho: Humphryes Sargeant & 
James Middleton Corporall. 

ffor Damarells Coue & Hippocras. Jn^ Bessell Sargeant & 
William Trout Corporall. ffor Monheghen John Dolling Sar- 
geant & he to choose his Corporall there. 



OF THE STATE OF MAINE. 347 

ffor Cape bone Waggon Rob* Gamoii Sargeant & to choose 
his Corporall there. 

Lieftenant Tho : Gardner is appoynted & Impowrecl to 
haue y^ Coinand & Regulation of all the Millitary forces & 
of y^ affayres thereof in the severall places of this county 
and pticulerly of Pemyquid. 

Lieftenant Tho ; Gardner of Pemaquid : Capt" Edmund 
Pattishall of Kenebeck, Jn" Palmer Senio^' of Monheghen 
& Rob* Gammon of Cape bone Wagen are appoynted and 
Irapowred by this Court as Comission''* for y*^ yeare Ensuing 
and they or the Majo'' parte of them to hold & keep Comis- 
sion" Courts in such places and as often as they shall see 
Cause within this county of Devon for y^ Ending of Small 
causes according to law, who alsoe haue magistraticall power 
in marrying such as are duly & legally published according 
to law, as alsoe to punish Criminall offences according to 
the jDticular Order of the Generall Court Dated 27 May 
1674 in boston 

These persons ffollowing are chosen to be Clarkes of the 
Writs in severall places viz* 

In Saggadehock & Kennebeck Tho : Humphryes 

In Monheghen Richard Oliver 

In Damerells Coue William Walters 

In Capebone waggon Robbert Gaiuon 

•Thomas Humphryes is nominated & appoynted Marshall 
for this County of Devon who is to take charge for securing 
Such persons to be committed to prison, according to law, 
and to receaue the fees allowed prison keepers by law or 
Custome. 

The persons following are appointed & haue liberty to 
keepe houses of publique intertaynm ente & are to be pro 



348 DOCUMENTARY HISTORY 

vided with permits &c accordingly and to retayle beere 
wyne & liquors in y® severall places for the yeare Ensuing 
according to Law 

ffor Monheghen Jn° Dolling 

ffor Saggerdehock & Kennebeck William Cock 

ffor Damerells Coue John Wriford 

ffor Capebonewagon Edward Barton 

fPor Pemequid Jn'' Cole alsoe Lieft* Gardner 

to his fishermen & Jn*' Earthy 

ffor Corbin Sound George Bucknell 

It is Ordered That warrants be issued out for y^ levying 
of twenty pounds vppon the Inhabitants of this county for 
Court charges, Law bookes, Constables Staves &c viz* vpon 
Saggadehock & Kennebeck four pounds vpon Monheghen 
fiue pounds x^ vpon Cape boue Waggon three pounds x* vp- 
pon Dammerells Coue & hippocras fiue pounds, & on Pemy- 
quid 40* and that the Comission''* where any is with the 
grand Jury men and constable in each place shall equally 
Levy the same on y^ gsons & estates of y® Severall inhabi- 
tants to be collected by y^ Constables & delivered to Lieften* 
Tho : Gardner treasurer of the County. 

Humphry Davie g Order/ 



Haueing understood of the departure and departinge of 
seuerall persons from the towne of falmouth Thereby Weak- 
ening the place and discouraging of those who are better 
minded : and the incoragment of the Comon Enemye to dis- 
troye and burne whatsoeuer and whosoeuer they can take 
aduantage against : And haueing order from the Major 
generall to Laye Comand upon all the people in the countye 
of yoark not to Leaue places or towneships : and doe there- 
fore order and declare : tliat all persons are hereby prohib- 
ited from goinge outt of there owne towne to anye other 



OF THE STATE OF MAINE, 349 

place to inhabitt in : And alsoe all masters of boats and 
greater vessells : are hereby required in his Majesties name 
not to take awaye or transport awaye any people from fal- 
mouth upon their perill as they will answer the Contrarye. 
Dated Octobe' : 6'^'^ 1675 this order is to be published 
speedilye to and in the Towne of falmouth : Leiu : Ingerson 
being requiered soe to doe. Richard Walden Serjean* 

Major 

List of men departed the Garrison at Falraoth 
Left : George Ingersell 
John Wales 
George Ingersell Junio'' 
John Skillion 
Joseph Ingersell 
Hen : Williams 
Sam Ingersell 

James Andrews Seno'^ 
James Andrews Jun'' 
Richard Short 
Richard Pousland 
Samuell Andrews 
John Rider 
Gerom Black 
Elis Oakman 
And : Augur 
Matt : Augur 



To the Hono® d Gov'" & Councell 
The Petition of Nathaniell Wallis of Casco 
Humbly sheweth that his wife and famaly are now here in 
Boston : and that he is returninsf accaine to Casco t) his hab- 



350 DOCUMENTARY HISTORY 

itation and doth intend to continue there and by all meanes 
according to his ability to Endeavour the Security not onely 
of his owne propriety but of the whole plantation : And 
therefore he hlimbly requests the favour of yo*" Hono"" s to 
grant j^o'" Petitiono"" Liberty to bring one freight of Corne 
and Provision from his habitaco to Boston for the releife and 
supply of his wife and famaly haveing not here any thing to 
purchase it 

So shall he for Ever pray for yo'" Honors Prosperity &c 

Att A Council held at Boston the 15'^ of October 1675 
In Ans'' to this peticon the council Judgeth it meete to 
Grant the peticone'' his Request so as he Goe & Abide on 
the place & be as helpfull therein as he is able.// 

past by y® Council 

E : 11 : S : 



Country Rates to he raised in Yorkshire 

Att a meeting of y^ Council 18"^ Janfily 1675 It is Ordered 
that the Tresurer of y® Countrie Issue out his warrants to 
y® seuerall Select men of the seuerall Townes in Yorkshire 
forthwitli according to law to make & Rayse 9 seuerall 
Country Rates (as haue binn Raysed in y® Collony for De- 
fraying of y® charges of this warr) & the Rates so Raised to 
be speedily collected & paj^d into the Treasurers of that 
County, w*'^ y® Treasurer of y® Country shall nominate & 
Appoint. past E : R : S. 

It is Ordered that the Comittees of militia in the Townes 
& County of Doner & Portsmouth shall & hereby is Re- 
quired & Impowred to make nine seuerall Asseassments or 
Rates on v® Inhabitants thereof according to law towards 



OF THE STATE OF MAINE. 351 

y® Responding the charges of y^ warr to be Collected & 
speedily paid in to y^ Treasurer of that county to Ans^ the 
end of the said Comittees & be disposed of accordingly. 
And the Comittees of militia-" are by themselues or their 
order to Auditt all accounts of y*^ chardges expended in this 
warr. 

Benja Wellington* man Imprest by Cap* Park'' & comittee 
of militia in Groaten is Releas* & they are to be sent for to 
Ansr it bein^ Illegally prest// E. R. S. 

1-st 

Remember raajestraticall power in Yorkshire i e to m"" 
Jocelyn Capt Scottow m"" Wheelwright & Cap* ffrost 

E. R. S. 

It is ordered that majo'" Thomas Clarke in the morning 
disband Capt Gillam & Company Returning to y*' Capt 
thanks of y*^ Council for his & their readines. 

E. R. S. 

The Council is Adjourned till 20 Instant at 3 of: the 

clock// 



The Severall Inhabitants of the Towne of 
ffalmoth to the Right honourable gov- 
ernou'" and councill sendeth greetinge in 
our Lord god Everlasting. Amen 

That Wheras itt was your Worships pleasur takeing Care 
for our good to receiue us under your goverment which wee 
desire for Euer humbly to Acknowledge; as a great favor 
first from god and also from your selues ; trusting still that 



352 DOCUMENT AKY HISTORY 

yow will haue y® Like care of us now in these trovblcsome 
times as yow had then ; 

And y'' honourable County Court was pleased to grant 
forth a Comission unto George Ingersell senio"" as a Leuiften- 
ant for the well ordering and trayning up of young souldiers 
in Millitarye dissipline which According to his best skill, he 
did performe, in times of peace, but now in times of troble 
and warr hath Left us under a pretence to adress himselfe to 
your honours ; which we all know to be y^ Least moueinge 
Cause of his departure ; understood by his discours and 
practice here. Therefore wee doe desire if itt be your wor- 
ships pleasur that you would please to Call in his Comission 
and that for these reasons 

: 1 : first because he is not a man of Courage or warlike 
- Spirit. 

: 2'y : That his timorousnes and cowardize has occationed 
the Loss of many mens provitions ; when otherwise it might 
haue been saved ; by which many of us are Like to want ; 

: 3'^: That by his discouragement of our people has occas- 
ioned many mens departure out of our Towne : by which 
we are Left very weake 

: 4iy : That when he receiued a Comission from Major Wal- 
den to issue forth with a partye of: 60: men did not pro- 
seede : therin after the Common Enimie as oppertunitye did 
present 

: 5^y : That when your worships were pleased to send an 
order by m"" Munjoy for the setling of a Comittee of melitia 
with us : for the well ordering of our Millitary affairs ; Af- 
firmed that it was nothing but for perticnlar mens interests 
to the discouragement of many. 

: Q^y : because he knows not what power belongs to a man 
in such an office ; or at Least not willing to Excecute itt 
to the breedinge of Many disorders. 

These and Many other thinges might bee Alledged : but 
your worships know ; that these things are not fitt for ; nor 



OF THE STATE OF MAINE. 353 

become a man that hath the Charge of a band of soulcliers ; 
& Espetiallye in these times therfore we humbly request that 
you would please to sett such ouer us that may be a man of 
Courage that we may not be Led along as sheepe to the 
slaughte'' ; the best that we know amonge us is our Ensigne 
Anthonye Brackett to whome if you pleas to grant a Comis- 
sion ; we question not (by the asistance of y*^ almighty) the 
distruction of manye of our Enimes. 

Soe Leauing yow to the guidance and direction of 
Almighty god we humblye Cease your worships in al 
Abounden dutye to be Comand ; and to subscribe our names 
one the other side this : 2 : day of fabruary 167| 
John Munjoy 
Thomas Brackett 

Clarck his Mark 

Lavance^^i^Dauis his Marke 
Denis T^Movoah his Marke 

Sampson \ Jjpenlye his Marke 

DaniellC^^^^Waklye his Marke 

Joell Madeford Xhis Marke 
Bartho Wallis 
Humy^ Rorham 

Thomas hues / his Marke 
Ralfe Turner^ his Marke 
Samuel grensled J ^//his Marke 
Anthony Walden^liis Marke 
Robert Stanford-^jf-his Marke 
John^" W'^Whitfoott his Marke 

23 [Other signatures 

on next page.] 



354 DOCUMENTARY HISTORY 



Timoth Y Sparill his Marke 

Philip Lewis 7^ his Marke 

Thomas Clayes 

Thomas Skillion : / * \j I ^^i^ Marke 



Cap* Charapernowne &c : to the Kings Comra^'Y 

Hono^i^ S""^ 

From what we do understand p Cap* Richard Thirston, 
the indefatigable purposes of Our Imperious neighbours of 
the Massachusets, are still kindling the pursuance of their 
owne ressolved designes, & as we conceive, as neare as may 
be the dissolving of his Ma*^®* authority setled amongst us, 
a way, we feare as remote from their owne good, as our 
present place, which the rather moveth our now application 
to your Honours, if opportunity serve for some direction : a 
line or two to our selves from your Honours would be very 
acceptable, to the people, usefull by preventing perhaps of 
their suddaine affrights into disorders. 

Wee are informed that a geu'^" Court order hath resolved 
some of our liberties under restraint, whereunto we cannot 
be free, unless force over rule us, that our adversaries should 
be our Judges./ 

Wee hope our duty to God, Allegiance to his Ma*^*^ shall 
ever ingage our best indervours faithfully to maintaine his 
Ma*^®* authority amongst us, so long as we are able, as now 
setled. If might overpower us we must be content to 
suffer, till his Ma''*^^ pleasur, & authority be further under- 
stood ; and better, both by our neighbours, and our selves. 

Not further to presume at present to intrench upon your 



OF THE STATE OF MAINE. 355 

patience, not forgetting to render your Honours many 
thankes, for your care, & pains amongst us, we take leave to 
subscribe ourselves 

Your Hono''^ 

Very humble Servants 

Francis Champernowne 
Edward Rishworth 
Edward Johnson/ 

Endorsed. 
To the Right Hono^'^ S' Robert Carr K'** 
& Samuel Maverick Esq"" his Ma"^^ 
Comissioners. these present, 

at Boston or elsewhere/ 



End : A Copy of a letter out of the Eastern 

parts from Cap^ Champernowne^ M^ 

Rushworth ^c : a title before S^ Rob : 

Carr went into those parts./ 
JSr^ 9: 



Cap* Champernoon, E : Rushworth, E. Johnson, 
signify to S"^ R. Carr &c : / That y« Massa- 
cusets are shakeing hands w*^ their Allegiance 
That they are very ill treated by the Gen" Court : 
& his Ma*'^^ authority is infringed./ 



356 DOCTHMENTARY HISTORY 

From Dr. PelVs Letters and Papers. 
Mus. Brit. Plut. CVII. B. 4279. 
Right Honorable, 

I was at Boston in the Massachusett Colony when M*" 
John Pell arrived there. By whom I had the great favour 
of your Lordships letter. He came into that Harbour very 
opportunely for the expedition of his business ; For one Mr 
John Bankes a neighbor of M'" Thomas Pell deceased, and 
one of those whom he had intrusted with the estate was in 
a Vessel of Fairfield (the place where M"" Pell had lived) re- 
turning thither ; and met the ship coming in, & came back 
with M"" John Pell to Boston ; where I spake with them both; 
& upon the reading of your Lordships letter, informed M'' 
Bankes, that I had full assurance from your Lordship, and 
divers others, that the person there present, was M"* John 
Pell & he to whom Mr Tho : Pell, deceased, had given his 
estate. And that very day Mr John Pell irabarqued with 
M"" Bankes and sailed towards Fairfield, carrying also with 
him my letters to the magistrate and others there, certifying 
the same to them concerning him, with desires of all good 
loving respects to him and their helpfulnesse as his occasions 
should require, and that order might be taken forthwith for 
his quiet possession of that Estate. I haue heard since of 
his safe arrival and welcome there ; and that he hath accord- 
ingly the possession of the lands and houses and goods to 
which he had right, both at Fairfield and Westchester, which 
is a place neere New York, where his Uncle had also a con- 
siderable plantation, with good accommodations belonging 
to it. 

My Lord, the relation, which I am now presenting to 
your Lordship, is of a very strange and prodigious wonder, 
this last summer, in this part of the world ; That the like 
hath been knowen for the whole manner of it I doe not re- 
member that I have read or heard. 

There was an hill neer Kenebunke River, in the province 
of Meane (the Eastern part of New England,) which is re- 



OF THE STATE OF MAINE. 357 

moved out of its place and the bottom turned upward. The 
time is not certaine when it was done ; But that it is so, is 
very certaine, And it is concluded by those who liue neerest 
to it, that it was removed eyther the later end of June, or 
the beginning of July last. The relation, which I haue from 
credible persons concerning the manner of it, is this, viz : 
that the Hill being about eyght rodds from Kenebuuke River 
side, on the west side of the River, about foure miles from 
the Sea, was removed over the drye land, about eyght rods 
or perches, and over the tops of the trees also, which grew 
between the hill and that River ; leaping, as it were over 
them into the River: where it was placed (the upper part 
being dounward) and dammed up the River, till the water 
did work it selfe a passage thorow it. The length of the hill 
was about two hundred and fifty foote : the breadth of it 
about fourscore foot ; the depth of it about twenty foot. 
The situation of the hill, as to the length of it, was Norwest 
& Southeast. The Earth of it is a blue Clay without stones 
Many round bullets were within it, which seeme to be of 
the same Clay hardened. I have not yet scene that place 
my selfe, but sent purposely to inquire into the truth of 
what had beene reported concerning it. And had this re- 
lation from Major William Philips, who dwelleth not farr 
from the place ; and Mr. Herlakenden Syraons who went to 
the place, and tooke very good notice, and brought me the 
same report of the truth and manner of it, which I had be- 
fore received by a letter from Major Philips, in answer to 
my letter of inquiry ; and told me that the earth of the hill 
did not lie between the former place of the hill & the river ; 
but was caried together over the tops of the trees into the 
river ; which seemes to be as if it were blowne up by such a 
force, as caried the whole body of it so farr together. I had 
fro them some few of those round bullets. I think there 
were but two or three and some pieces of the earth in other 
formes, which were found upon that now upper part, which 
was before, the lower, or the inward bowells of that hill. 



358 DOCUMENTARY HISTORY 

As also a small shell or two of a kinde of shell-fish ; like some 
shel fish commonly found where thei sea floweth ; but how 
they should be witliin that hill, is strange to consider. I 
have sent all that I had thence with other things to the 
Royall Society for their repository. I understand also from 
some of those parts, that there was no notice taken of any 
Earth-quake about that time, nor did I heare of any in other 
parts of the Country. I give your Lordship the Relation 
only of this Prodigie, as I had it upon the best inquiry I 
could make ; leaving the Discussion of the natural causes 
which mif^ht concurre ; A matter too hard for Man to com- 
prehend. But the power of His Almighty arm is herein 
manifest to all, who weigheth the hills in a Ballance and at 
whose presence the heavens drop, the hills are melted like 
wax, Sinai itself is moved. I hope to haue opportunity to 
see the place, and if any other matter considerable open my 
observation or further inquiry shall appeare, I shall be 
obliged to give your Lordship further account thereof; and 
for present, am bold humbly to subscribe my selfe 
Right Hon^'^ your Lordships tnost obliged 

Boston Octob: 11. humble servant 

1670 John Winthrop. 



Right Honourable 

The signification of his Majestyes Pleasure in his gratious 
letters of the tenth of March last we receivd the tenth of 
this Instant by the hand of M"^ Edward Randolph in whose 
presence the s*' Letter as also the Petitions of M"" Gorge & 
M"" Mason were the same day read in Council according to 
his Majestyes comand, whereby we have receivd a full Dem- 
onstration of his Ma*y* gratious favour & Justice in Impart- 
ing the Matters of Complaynt against us & thereby also a 
further obligation to all Dutifull observance & attendance 



OF THE STATE OF MAINE. 359 

to his Majestyes Commands, & although at present the heavy 
pressure of the Indian warre together with an epidemicall 
sickness do Impeed our Conveening the Generall Court with 
whom according to our constitution by pattent it Lyes to 
Make answer to the s'^ Complaynts, which we doubt not but 
witli dutefullness & Dilligence will by the first opportunity 
be attended yet we thought it our Duty by this Conveyance 
to let his Majesty by your Houn^ understand as well the re- 
ceipt of the s** Letters & petitions as also that the Matters 
of Complaint Contayned in the s,^ Petitions as referring to 
this Colony are Impertinencyes Mistakes & falshoods the 
proofs whereof we Doubt not but to Make out in our more 
perticular Answer, 

Though we Deny not but that not by any force as is sug- 
gested but by y® Just & playn extent as we humbly con- 
ceive of our Patent Lyne & also upon the earnest solicita- 
tion of the Inhabitants there those Northern parts being- 
then wholly deserted by the present Claymants, are now 
under his Majestyes govern* here in this Collony established. 

The whole Matter we fear not to submitt to a Just & 
equall determination not Doubting of his Majestyes clem- 
ency & favour therein. 

Sure we are much trouble & charge hath been contracted 
to Mayntain Justice among them besides Much expence of 
Men & Money for their Defence In this Indian warr we are 
very well assured that as we are a goverm'^ constituted by 
y® charter of his Late Majesty of happ}'- Memory Confirmed 
& encouraged by his present Majestys Gratious declaration 
to us especially in the year 1662 & trust we shall still be 
cherished by the benigne Influence of his Majestyes Jus- 
tice & Goodness whose prosperity long life happiness here & 
hereafter hath been is & shall be the dayly prayer of 

your hono" Most humble servants 
In the name of the Council 

Dated in Boston. 13 June. 1676 
E R S. 



360 DOCUMENTARY HISTORY 

The Honoured GoGltio'' sending for me & Going to him 
early this morning ; Required me to signify to yow that late 
last night he received a letter from m'" Randolph the Import 
whereof he Judge th fitt for the Council at their ordinary 
Adjou^'ment seccond day next at one of the clocke being 26 
Inst to Consider of & Conclude the necessities & sooner there 
cann be no convention, & therefore desires & orders a Con- 
vention of the whole Council at that time or on y* day 
aboue mentioned for y* and wch time & place yo' presence 
& Assistance is desired & expected w*** out fayle. 
not doubting of yo"" Readines to se^'ve God & the Country 
herein. 

After the presentation of my se^'vice to yow & yo'^ Lady 
remajne 

S' 

your Assured freind & humble Servant 
Edward Rawson Secre* By 
ord"^ of the GoQno'^ &c 

Boston 24 June 1676 



CounciVs Ansiver to M^ Handoljyh's Letter. 

your tre directed to the Gov*" dat. 23*^ instant, wee haue 
pvsed and do somew* marvell both at y^ wording & y® im- 
port thereof, you may remember y* such was o' care not to 
be justly accused of neglect in any kind, that whereas wee 
receiued his Ma*^®* tre on y® 10*^ of this instant couteyneing 
his comands to vs, the same day the Council being assembled, 
in observance thereof you were admitted into y® Coun- 
cill & the Gov"" read his Ma"®'^ tre in yo*" presence, & 
caused y® Secretary at y® same time to read the Petitions 



OF THE STATE OF MAINE. 361 

of m'" Gorge, & m' Mason and on y® 15*^^ day next follow- 
ing, yo'" presence was craved again and in full Councill were 
acquainted, that wee had drawne vp o'' answ"^ in a letter di- 
rected to one of his Ma*^®^ Secretaryes, & then tendered to 
deliQ y'' same to you, in case you were ready to depart 
hence, but if otherwise wee would take care to send the same 
by y^ first opportunity, & to yourselfe we would deliul a du- 
plicate thereof, on notice given of yo"^ departure, your ans"^ 
then was y* yo^ occasions called you not home at present, & 
seemeing to acquiess in w* had been expressed, you tooke 
leave of y^ Councill, and since then a good oppertunity 
p^'senting wee haue sent away o*" tre directed as aboves*^ to 
one of his Ma*'®* principle Secretaryes.// now why you 
should expres yo*" dissattisfacco, by saying you continue to 
require an answS whereas you haue scene o'" care to make 
speed therein, not omitting y^ first oppertunity (although 
you cannot be ignorant y* such are y*' daily Emergencyes, 
& encumbrances of y*' Councill for y® carrying on y® put 
Indian warr, our forces being now in y® wildernes, & do 
need daily advice & recruits, & y® enemies rage so violent, 
as threatening daily further incursions upon o'^ frontier 
Townes, as might well crave more candor then you have yet 
exprest, & a favordable construcco of any seemeing delay. 

Now although wee would not take notice of efilie disre- 
spectfull or unsutable expressio by you dropt either ver- 
bally, or by yo"" pen, j^et wee would haue you to be well ad- 
vised, y* as y® Gov'' on y® reading his ma"®^ tre acquainted 
3^ou, y* wee thankfully acknowledged his ma*'®* gracious 
respect & tendernes therein expressed to these plantations, 
therein greatly tendring y® peace & tranquility thereof, yet 
for yo' Mandamus's imposing upon & requireing of y*^ Gov"^ 
& Councill to attend yo"^ owne injunccon, & to make answ"^ 
in a divers niann'" from w* his ma*'® haue comanded vs, wee 
must plainely tell you that wee Judge you haue & do therein 
exceed yo'" message and do advise you y* you so demeane 



362 DOCUMENTARY HISTORY 

yo'*selfe, as not to be found either slighting or irregularly 
imposing upon his Ma*^^^ authority here established./ 

By y^ Council Edw. Rawson Secret 
26 June 1676 past 
as an Answer to his. Dat 23 Inst// 



Warrant for General court to assemble relative to the claims 
of Croryes ^ 31ason. 

To ye Constable of B. 

In his ma*^®^ name you are required to give notice to y® 
if rem en of yo'" Towne to meet, & sigiiifie to them, that the 
Gov'" & Councell haue receiued a tre from his ma'^'*' relate- 
ing to y^ claj^iies of m"" Gorges & m'' Mason, to Hampshire 
& y^ Province of Mayne & other things therein mentioned, 
requireing an Answ'" to be made thereunto. In observance 
whereof the Councill haue ordered the convening of the 
Gen" Court at Boston the 9*^ day of August next at nine of 
y® clocke morneing to consider & Consult thereof. In pur- 
suance whereof they are to send j^ deputyes, as y® Law di- 
rects : making yo"^ Returne to y® Court «& not faile. Dated 
in Boston 10*^ July 1676// 

E R S 

}"* was Read & Approved in Council at y* time. 

Ordered that Cap* Jn° Richards m' Tho. Deane & m"^ Jn° 
Vsher shall & is heereby appointed & Impowred as a Com- 
ittee for the Army : 



OF THE STATE OF MAINE. 363 

Question proposed to the Reverend Elders. 
Quest. 

Whether the most Expedient manner of making An- 
swer to the Complaints of m*" Geor & m^ Mason about the 
extent of our Pattent line be by sending Agents or Attur- 
neys to mannage the same :/ 

The magis*^ haue voted this to be the question to be 
proposed to the ReQnd Elders for their resolue their breth- 
ren the deputyes hereto consenting// 

Edward Rawson Secret. 
9*^ August, 1676 



Answer of the Reverend Elders. 

The Answer of y^ Elders to y® Question pposed to y"' by 
y® hon'i General Court August 9 (76) Quest : Whether 
y® most expedient manner of making answer to y^ 
complaints of M^ Gorges & M"* Mason, about y® Ex- 
tent of o*" Patent-line, be by sending Agents, or At- 
turneyes, to Answer ye Same, or to Answer by writ- 
ing only ? Answ' It seemes unto us y® most expedi- 
ent wa}^ of making answer unto y® Complaints of M"^" Gorges, 
& M' Mason, about y® extent of o' Patent Line, to do it by 
appointing Agents, to appear, & make Answer for us, by 
way of information at this time, & in this Case ; provided 
they be w*'^ utmost care & caution qualified as to their In- 
structions, by, and according unto which They may nego- 
tiate that affair, with safety unto y*^ Countrey & with all 
duty, «Sz) Loyalty unto his Majesty, in y® p''servation of o"^ 
Patent-Libertyes ; Our Reasons are 

1. The justice of his Majestyes Comand, requiring us 
to give 0^ Answer in this way. And to send an Answer in 



364 docujMentary history 

writing only, we know not but some may interpret it to be 
a non-observance and contempt of his Majestyes Command. 
The rightfull comands of political Fathers ought to be 
obeyed for conscience sake, Rom. 13. 5. 
Titus 3. 1. 

2. The Justice of o^ Cause ; which we ought by all 
Lawfull means, & wayes to maintain. Judges 11. 14. &c : 

3. It is doubtfull unto us, whether an Answer in writ- 
ing only, will, or may be accepted as any answer at all, as 
the case now stands, or whether it will be credited, while 
we shrink from it, by o' not imploying Agents, limited as 
aforesaid. 

4. Lest o'" non-appearance should gratify & give ad- 
vantage unto our Adversaryes to proceed unto y® obtaining 
of a determination against us. 

5. The successful service which former Agents, thus 
imployed, in way of information, have done for us, and Gods 
blessing upon us in the improvem* of this medium in times 
past. 

6. We understand that o'^ friends in England judg it 
both expedient, & necessary. 

7. Agents can most readyly & fully answer all Objec- 
tions, & complaints of m' Gorges, & m' Mason, in this p's- 
ent Case. Nor can our pleas and Arguments be so pointed, 
& pursued against o"" Adversaries, as o'' Case doth require, 
but by Agents. 

Finally. Some may interpret o"" not imploying Agents to 
answer as aforesaid, that we are afraid to appear in our own 
defence personally. 

This Answer of the Reuerend Elders was presented to the 
GoQno"- & Generall Court the 10^^ of August by M^' Tho. 
Cobbett in the name of all the Elders p^'sent w^h was 24. 

as Attests Edw Rawson Secret 



OF THE STATE OF MAINE. 365 

In order to the Answeringe of his Ma*^^^ Letter, and the 
two Petitions of Mr Mason and m' Gorge, relating to our 
Pattent Lyne, and other clamours^ it is resolved This 
Court doeth Order, that A Comittee of both houses, be ap- 
pointed to make an Answer to his Ma''®^ Letter, as alsoe a 
ffull, & large Relation, & Declaration of Case (relating to 
these Petitions and every perticuler therein Specif yed) Insert 
therein, all evedences, & testiraonyes vppon oath, that may 
bee obtaijned, for cleering and proving all our allegations, 
and Assertions, therein Contaijned ; and that in order there- 
vnto a comission be graunted vnto Meete gsons to Examine 
Witnesses & take there depositions ; that the said comittee 
doe alsoe draw vp a Letter & Instructions to some Meete 
gson in England, vnto whome wee may send (by some fitt 
gson hence) the letter^ to his Ma*^® and our Answer to the 
petitions as aforesaid, Ordering, and desiring him to deliver 
the same to his Ma"*^ accordingl}', and to appeare, and make 
Answer for us By way of Information as y® case may re- 
quire, * and further that this Court bee Adjourned 
vnto the ix*'^ of Sept 9 a clocke to meete againe and con- 
cider of, & gfect, what the said Comittee shall doe in order 
to the dispatching of the premises for England, The Depu- 
tyes haue past this in order to the Answering his Majesties 
Lre &c. with refference to the Consent of o^ Hono^^ Magis** 
hereto 12:6: 1676, William Torrey Cleric. 

The Magistrates Consent hereto provided the words (& 
other Clamor) be left out & instead of Letter to his Maj- 
esty it be Inserted address to Majesty, (& the words every 

* The following lines were in the document, but were erased : — 
though our answer being soe full, the less need wilbee of much speak- 
ing, only if any further accusations or material Allegations, bee made 
against us hee may obtayne the favour of havinge tyme to make Satis- 
factory answer thereunto, 



366 DOCUMENTARY HISTORY 

perticiiler therein) to be left out, their brethren the Depu- 
ties hereto consenting, 

Edw'^ Rawson Secret/ 

Consented to by the Deputyes 

Pet: Bulkly, Speaker/ 



Petition. To the Kings Most Excellent Ma«e The 

Humble Petition & Address of the Gov"^ 
& Comp'^ of the Massachusetts Bay in 
New England in Geuerall Court As- 
sembled : 
Most Gracious & Dread Soveraigne : 

What the calamitous, & deeply distressed Estate of this 
yo^ Ma"^^ Collony (in Conjunction w*'^ its neighbours & 
Confederates) labouring vnder the wofull and Tragicall ef- 
fects of more then a yeares cruell, & vnintermitted warre 
w^^ the Arrival of yo'" Ma*^^^ Gratious letter by m'' Edw:** 
Randolph, Relating to y® clayraes of m"" Gorges and m*" 
Mason, hath of late ben humbly informed, by the Account 
given to m'^ Secretary S"^ Joseph Williamson to bee Pre- 
sented to yo'" Royall Selfe, w'^'^ we hope hath obtayned a 
Gracious Reception, and our necessary Apology therefrom 
for our noe sooner yealdinge a full obedience to yo"* Ma"®^ 
Royall Comands, a like Acceptation. Since that time it 
hath pleased Almighty God to who me vengance belongeth 
to plead our Cause against the Insolent Heathen, both by 
laying a Restraynt vppon them, and thereby for a Season 
giving us respit from their violent & Depopulating incur- 
sions, as alsoe by making the Expeditions of yo"" Loyall Sub- 
jects against them in o'' Southern and westerne parts soe 
farre prosperous, that Multitudes of them, together w^"^ their 
Sachems, principall Counsello"^* & Comanders, yea Phillip 



OF THE STATE OF MAINE. 367 

himselfe whose head & hand were first in y® designe are cutt 
off & destroyed, most of y® Remaynders being forced either 
to submit to Mercy, or to quit their old & seeke new habita- 
tions farr remote in y® wihierness. This singular Smile of 
divine Providence, gaue us fayre hopes of such a calmness, 
& Composedness in o' Publique affayres, as might well suite 
^^th qt Intended Convening, and best further our desires & 
Resolution of attending yo'" Royall Pleasure signifyed to us : 
But suddainly & vnexpectedly wee are Allarum'd by y^ Ir- 
ruption & treacherous villany of a new Enemy (togeather 
w**^ some of y® former) springing vp in those easterne parts, 
concerninge which, y^ Controvers betweene us & the Com- 
playnants agaynst us doth arise, Soe that at the same 
tyme when the high (though most vntrue) Imputations & 
vnworthy Reflexions, cast vppon us by o'" Accusers (whose 
confidence therein we are made not a little to wonder 
at) doe call us to Mayntayne o*" Title & Justifie o"^ 
gceedings in the Court of o"^ Gracious Soveraigne, we 
are Necessitated once again e w*^ y® vttermost hazard of 
o*" gsons & great Expence of our estates (soe deeply Ex- 
hausted before) to defend y® lines of yo'" Ma*^®^ Subjects in 
those places (crying aloud for Succour) and to dispute yo"^ 
Ma"®® & o^ owne possession in the dismall deserts, w*'^ a 
bloody and most barberous enemy ; Yet are we Royal! S' 
most willing in observance of yo"" ma*^*'® Coiiiands (humbly 
craving That benigne Construction w^^ y^ favour of o^ Pat- 
tent entitles us vnto, & yo*" Ma*^®^ Princely Candour suffers 
us not to doubt of) to offer o'" Pleas & produce o'' Evidences 
in this Matter w*'^ being waighed in y® ballance of yo"^ Roy- 
all Impartiall Judgment will appeare (we presume) such, as 
will abundantly cleer vp our right to those esterne Parts to 
be vndoubted, according to y® playne intent & necessary 
sense of y^ words of o"" Pattent, And sufficiently make it 
appeare, y* o"^ administrations of Goverment here haue 
ben no wayes derogatory to yo'' Ma*'^^ honor, nor prejudi- 
cial! to yo'' Royall Interest in this Wilderness, but many 



368 DOCUMENTARY HISTORY 

wayes beneficial!, as alsoe sattisfactory to the Inhabitants 
yo'' Ma*'^^ Subjects vppon y® pLace ; Sure we are (& herein 
we doubt not to make o'" Appeale to y® Searcher of hearts) 
That noe Intention of wrong to y^ CLaymers noe vnlawfuU 
designe of Enlargem* of o'" borders, noe proffit or advan- 
tage thereby accruing (the Contrary whereto we haue heth- 
erto found) but a grounded apprehention of our Interest, 
reall Compassion to y^ Petitioning Inhabitants in an vn- 
setled & suffring Condition, togeather w*'' a sence of duty in- 
cumbent to be faithfull to o' Pattent trust, did cause us to 
receaue them, vnder y® wing, of yo'^ ma^^®* Goverm*, in this 
Colony Established ; 

The further Managem* of o"" defence as to these o' gceed- 
ings Complayned of by a more full & pticuler Information 
& presentm" of what we haue to say for o*" Selues we haue 
betrusted w*^ m'^ William Stoughton & m^ Peter Bulkley 
ffor whom as for o'" Selues with most humble Prostration we 
beo- your Ma"''^ Countenance & favour And heerein Greats 
S"" we are not a little Encouradged, not only by y* new & 
Ample testimony of yo' Ma"®* Royall Justice, manifested in 
Reserving an open ear for poor Subjects, at such a distance, 
& Princely favour in transmitting y® Coppies of y'^ Com- 
plaints, Exhibited, and affording time & opptunity to ap- 
pears for o' defence, but alsoe by a large & long continued 
experience, of yo"" Ma"®* Gracious disposition & respect to 
us & o*" Concernem^ that we cannot but most gladly de- 
clare, that therevnto, next vnder god we owe it, that none 
of those manij injurious Suggestions, vnjust Criminations, & 
renewed solicitations against us, by psons ill affected to o"" 
Constitution, & Welfare (designed to Create an Impression 
of displeasure in yo"" Royall brest towards us) haue not 
hetherto prevayled That this yo*" Ma"®* Gracious Aspect 
should suffer an Eclipse (espetially now in y® day of c'' 
trouble, bespeaking y® influence of yo'^ fatherly comisera- 
tion) we haue as little Cause to beleiue as we are humbly 



OF THE STATE OF MAINE. 369 

Confident, we haue ever ben industriously Careful!, not to 
incurre y® forfeiture thereof, but solicitous aboue all earthly 
things to preserue & mayntayne the same, by Approvinge 
our Selues 

Royall Soveraigne 

Yo' Majesties most humble & Loyall 
Subjects. 



Testimony of James Grant. 

The Testimonie of James Grant Cunstable of Yorke in 
the yeer 75 whoe being demanded of by the selectmen whie 
hee gathered not the nine Rats which they made Accordinge 
to the Counsels order in the yeere 75 his ansure was that 
hee deliuered it to m"* Edward Rish worth who tould him 
that hee would tacke it and suspend it at the present till 
thay see what the Arears of the Countie weare brought to 
an head and then theay would tacke order aboute it and the 
cunstable should suffar nothinge by it. 

Dated this 2 of October 1676 

James Grant his 

mark 
Cunstable 



Answer of the Selectmen of the Toivn of York. 

Wee the select men of the towne of Yorke in ansure vnto 
an Order latlie Coume from the honered Cunsel to Render a 
Reason whie those nine Rats made in the yeere 75 were not 
Colected doe impoure Capten John Dauis to returne an a 
Count therof in relatione to the premises who was then one 
24 




370 DOCUMENTARY HISTORY 

of the selectmen at that time and now stands in the same 

Capassitie/ 

witnes our hands Job Alcock/ 

this 2 of October 1676/ Richard Bancks/ 

henerie Simson/ 
John Twisden/ 
Selectmen/ 



Right Hounourable/ 

The Gouerno'' and Council calling us to meet in Genner- 
all Court, vppon our Commiiig together acquainted us with 
his Majesties commands of the tenth of March, receiued the 
tenth of June by the hands of M^" Edward Randolph, as also 
what return they had made to your houno^s excusing their 
not so speedy calling the Genuerall Court by reason of the 
warre and an epidemicall Sicknes, the Lord was pleased to 
aflict the countrey with; and giuing your houno''s to vnder- 
stand, that to answer his majesties comands, and to reply to 
the hard & vnjust charges laj^d vppon the Gouernment of 
this his Majestjes Colony of the Massachusets, by m"" Gorges 
& m' Mason in theire petitions was most proper for this 
Court, The matters alleadged against us, Wee haue now had 
vnder Serious consideration and have made diligent Search 
into the reccords of what heretofore passed thereabouts, and 
afterwards made diligent inquiry of the Old planters yet Sur- 
viveing that were eye wittnesses & well acquainted with the 
trausactions of those times in the beginning of these Planta- 
tions, and accordingly haue transmitted our answere with 
the prooffes therevnto and for his Majesties more full Sat- 
tisfaction haue desired & sent our honoured & respected 
ffreinds m"" William Stoughton & m^ Peter Bulkeley, both 
members of this Court to be our Messengers to present the 
same to his Majestic and that they may be the better for- 



OF THE STATE OF MAINE. 371 

warded in theire application to his Majestie ; We do 
heereby make bold to recommend them to your Honours 
favour and assistance, who will wayte vpon your Honours, 
whom you will finde able & ready to give your Honuours 
account of the present state of the Countrey, both in reffer- 
ence to the warre & Gods hand vpon it by sickness ; And 
wee haue the greater confidence of your honors goodnes 
towards us heerein from the assurance you are pleased to 
giue vnto our Gouernor of your affectionate inclination to 
Serue this poore people: Thus craueing your honours pardon 
for this bold trouble, wee pray for your honours prosperity 
and remaine 

Your Honour's Humble Servants 
J L/ 
Boston 17. October 76. 



Petition of the Town of York. 

Whereas by Experience we doe find it no small Inconven- 
ience & discouragement to haue our men belonging to our 
owne towne of Yorke Impressed & carryed away by y^ com- 
anders of y® forces or County when pursuing y*' Enemy 
whereby in stead of being Encouraged to stay & strength- 
ned to resist y*^ Enemy we are weakened & left naked to 
y® assault of y® Enemy who in y*' absence of y*^ forces have 
usually & very Cunningly Improoved that opertunity to prey 
vpon y« townes, for preuenting whereof it is humbly Re- 
quested that y"" may be an order giuen forth that no soul- 
diers shall be at any time remooued least y*^ people be putt 
vpon a temptation to forsake y'' habitations y® dishonour- 
ablenesse of which is easily vnderstood. 

This Request is graunted & that an order be accordingly 
sent to them, with this jnovisiou that the cheif commander 



372 DOCUMENTARY HISTORY 

of the forces th at shall bee may notwithstanding upon any 
emergency of moment coiTiand out of the Town of Yorke 
such soldiers as the necessity shall require 

By the Council 

William S tough ton 
p order. 



Vpon y^ rep'"sentation of the present state of y® Towne 
of Yorke & its danger from the Comon En emy. It is Or 
dered by y^ Council that such of their Souldiers as are now 
Impressed from them be forthwith returned to them for 
their Deffence, & it is further granted & Ordered that dur- 
ing y^ p'^sent neereness of the Ennemy, none be Impressed 
to serve out of y® Towne : 

prouided allwayes, that the Comander in cheife of the 
forces that is or shall be in y* County may notw^^'standing 
this order vpon any suddaine Emergency, comand and call 
forth, as many Souldiers thence as shall be needfuU for y® 
time. 

Dated 19 October 1676/ 

By y« Councill E. R. S. 



Downing^s Account of Fish. 
1676. 

The maner of Catching and makeing drie fishe in New 
England. 

In each boate goeth 3 men with fore sayles and mayn 
sayle in both 30 yards of Canvace 1 Roade of 60 fathom 

4 oares made in the Countrey 

A drift of the shoare the boates goe for to Catch herrings 
with 4 or 5 netts fastened to the boats sterne post ther netts 
must be in the water to doe well before Sunn sett and re- 



or THE STATE OF MAINE. 373 

maine if herrings eaough be not taken, stormes and wind not 
hindering till sunn riseing some nights by reason of winds 
and Current to prevent driueing on shoare or of to farr from 
shoare they hall there netts tenn times in a night rowing to 
gett againe the shoare or to gett of from it many times, 
herrings being scarce they drive evererie night each boates 
Crew from Sunday night to Saturday night resting onlie in 
ther beds onlie Saturday night some rest not it. the dayes 
except Sundayes they atend Codd Catching this toile is Per- 
formed in St Johns and severall other harbors if the Captein 
is Taken in/ A ffish like A smelt faild of Coming ac- 
cording to its Custome as it did usualie seldorae failing 
about Twentie yeeres past but since it Cometh not this 
Twentie years as formerlie it haith not bene as fformerlie 
onelie a little some yeeres in some places, it haith not bene 
generallie in the Harbours afore neither some yeeres when 
in some harbours could they Catch fish on it as before the 
fish either not there following it as usuall or would not take 
it baited : it formerlie served the fishermen for baite in many 
harbors to kill fish enough to make ther voyage: without use- 
ing netts the Captein stayed in some of the harbours where 
it lest ffrequented many times six weekes and all that while 
great fishing, each fisher boate most dayes bringing in on 
thousand fishe per daye the sailing of 

the Captein hath made the voyages the yeeres forementioned 
more toilsome Chargeable for netts and greatlie lesse profit- 
able the quantities of fishe taken, A great deale lesse sold at 
dearer rates by the Catchers and lesse money gott ; now us- 
uallie the Current price neither highest price, nor lowest on 
yeer with the other 128 per Cintali formerlie 116 yett then 
twice the quantitie taken of to catch the Captein foremen- 
tioned we send a man for each two fishing boats and with 
them men two or three boats with a sagne in each boate 
which we joyning to gether about 30 boats have our boats 
baited by the three boats when the Captain is Catcht they 



374 DOCUMENTARY HISTORY 

put it aboard our boats at sea or in harbore evenings or 
mornings with all speed 

Wee have 2 men A shoare to spilt and drie the fishe A 
shoare for each boate on man betwixt two boats goes for 
Captein three men in each boate at -sea as forementioned 
who Ride casting out A Kiilecke or graples to Ride by per- 
haps three or four miles or lesse either side the harbours 
mouth, some places halfe a mile of the shoares fishmg on 
hedges the water Twentie fathom deep on them some lesse 
some a little more, each man ffishes with two lines, length- 
ened according to what debth of water, they can catch the 
fishe fiom three fathom to Thirtie odd fathom : if they fished 
by floats they have no Leads and about foure fathom each 
line, some them use each man three lines two hookes to each 
line baited and many times A fishe to each hooke, they Cast 
each man his lines on on Side the boate the other the 
other side if they cannot Catch fishe on floate which they 
ordinarie doe not then they have to each Line a Lead about 
23 waight useing then but two lines each man the boats be- 
gin to goe to sea as soone as the Cod is knowne Come and 
they readie some yeares it comes the first of Maye but com- 
onlie the midst of Maye the best fishing comonlie in June 
they goe to sea till about 25''^ of August they bring in some 
dayes, on thousand fishe and some dayes more, some lesse, 
some daj^es but litle, which the shoare men head take out 
the Liver of it for trayne and put in ffate for the sun and 
heat to melt out: afterwards toone it in Caske they spilt the 
fishe then salt it in piles about 2 foote and halfe high and 
the same breadth on A topp of the other: in ther stage 
which is built over the water so farr out from the shoare as 
A boate may come to it loaden where the boats first heave 
up ther fishe out of ther boats this stage is covered with 
Saile cloth boards or rines to keep e from the fish while in 
salt sunn or wett : after the fishe hath la3me in salt two 
dayes or more as weather serveth its washd clean with 
water out of the salt and piled up for the water to presse 



OF THE STATE OF MAINE. 375 

out of it: the next da3^e if faire weather it is spread upon 
stakes neare ther stage the stakes two foote high five foote 
broad, coverd with smale bowes or birch Lieiiig playiie as A 
long table upheld by stakes, two smale rayles A crosse them 
smale stickes as smale as quarter staves on these stakes the 
fish is spread the fishe sides upward to tlie sunn if drops fall 
on it turne with all speed the Skinn side upward for if the 
fishe side when ffirst or second daye spread be much wett 
its never almost good but spoyld discoulourd and stinkes, 
the sun some times in hot calmes will frie the water tliat 
is in the fishe and make it as if boyled and fall all to 
peeces some of it everie night or times it raynes the fishe 
abroade to drie, must be turned the Skinn side upward to 
prevent its being wett with Raine and deawes in its first 
dayes going abroad onlie turned at night before deawe 
falles, the skinn side upward the next daye turned at night 
& made up 6 fishes placed on upon the other skinn side 
upward and laid so as on fish may cover the topp of them 
Carring the Rayne most of the rest next day it goes abroad 
again e and so at night made up as afore butt more putt to 
gether perhapps Twentie fishes, after its being dried foure 
or five faire dayes the greater fish excepted because it askes 
by reason of thickenes A longer time of drieiug, the ordinari 
fishe is piled at the end of the stakes in A round pile Con- 
tayning 40 Kintalls or less in shape of A haye cocke but or- 
derlie Layd to keepe the rayne out, the head made up with 
on fishe so with the skinn upward laping over on other that 
at last on fish Covers the topp and so keepes out raine from 
entering it there it stands till it sweate and become moist 
then it is cast abroad after its standing sometimes fourteene 
dayes : the moisture dried upp then piled up againe perhaps 
two or three of them together and piled orderlie as afore 
then covered with sayles and five or six dayes after as oper- 
tunitie ofers spread on fflakes, bowes or beach, the skin up- 
ward after turned the fishe upward in faire drie weather 



376 DOCUMENTARY HISTORY 

then the Loader of the fish himselfe or servants lookes over 
all the fish if any broken wett or ill made fish appeare they 
throwe it out the rest is when dried to the Loaders minde 
or his servants weighed into boats and Carried aboard shipp 

S"^ your Servant 

1° Downing/ 
The wett fishe or Corfishe onlie Covered 

over with Salt and Lett lie till saued 

after repact into a square pile out of 

the salt 3 or 4 dayes afor weighed of if 

opertunitie offer. 



Letter from Edward Rawson to Governor Andres. 

1676. 
Gentlemen 

Houne''"' S"" 

It pleaseth almighty god to lengthen out our troubles 
with the Barbarous natives, who are daily making incur- 
sions upon o' Eastern Places : thereby necessitating vs for 
their releife to send forth from time to time an additional 
strength with supplies : Wee haue also been lately informed 
of some motions of your owne towards those pts in reffer- 
ence whereto wee would not anticipate either yo"" intenccon 
or accons. 

nevertheless as wee haue not been wanting in o"" endeavor's 
to suppress the coiTion enemy, So wee haue confidence you 
will not do anything y* shall in the least infringe his Ma*^^* 
interest according to the liuiitts of his letters Patent to this 
Colony «& y* there may be aright understanding kept «& mu- 
tuall amity maineteyned betweene vs, wee haue intreated 
o"" trusty & Hon*^ ffreind, Major Thomas Clarke, one of the 
Mag** of this Colony to take the trouble of this present voy- 
age, to waite vpon you & confer with you in refference to 
this matter, or w* elce may be of publick vtility to the re- 



OF THE STATE OF MAINE. 377 

pressing th' enemy & establishm* of a setled peace to all his 
jyjj^ties gQQ^ subjects in these pts. 

22 June 1677 past E. R. S : 

To the Hono'"ble Edmond Andros Esq'. 
GoQno' New Yorke 
these dd 

To y® R* WorP^^ & much Honored 

Cap* Brockase, & Cap* Mathias Nichols 
in Any parts of the east. 



Letter from the General Court to the Commissioners. 

Gentlemen respected & much endeared/ 

The Consideration we had in your Integrity & Industry 
when wee putt this troublesome Imployment vpon you is 
not in the least abated but exceedingly confirmed by all the 
accounts wee have receiued from yourselves or other's of 
your vnwearied diligence & prudent mannagement of our 
affaires comitted to your trust, wherein wee are fully Sattis- 
fied ; that notwithstanding the extreame Difficultyes that 
haue Faced yo^ in our business, yet your patience sedelous 
Industry & wisedome, hath to our ffuU Contentment, and 
great admiration ouercome them, for which as wee have 
greate Cause to Bless God ; So also (whateuer the Issue 
may be) to acknowledge your due deserts & our great obli- 
gation^ to you'"selues, which wee hope wee shall in some 
measure discharge vpon all oppertunities ; wee cannot wee 
neede not contribute any further aduise as to your future 
proceeding ; but doe wholly vnder God acquiesce in the as- 



378 DOCUMENTARY HISTORY 

sured confidence wee have of yourselves and vpon tlie ar- 
rivall of the next ship ; by which wee expect to heare fur- 
ther from you, shall take care to accomodate you with such 
supplyes as the state of our affaires with you may call for : / 

Your relations wee doubt not, will give you an account of 
you"" private affaires which shall not suffer in any thing that 
wee can help; as to the publick we Judge it not vseless to 
acquaint you, that soone after our losse at Blacke point in 
June last, Majo"^ Andros sent a considerable partie to Pem- 
aquid, where they seated theinselues in right of the Duke of 
Yorke, and pretending freindship and kindness for us, haue 
don that seruice for us as to conclude a peace with those 
easterne Indians & haue regayned & sent to us most of our 
Captives & a promise of returning seuerall vessells the In- 
dians had surprized, the performance whereof wee dayly ex- 
pect, since the said Mayo"" Andros hath signified his minde 
to our Council to Impose custom® vpon all ffishermen that 
ffish on those Coasts &c.// 

wherewith wee are vnsattisfied and are now returning our 
resentment thereof : 

About three weeks since (when wee hoped to be at rest) 
a party of about thirty of the old ennemy viz* Hadley & 
northampton Indians fell vnexpectedly vpon Hattfeild burnt 
fovver houses fower Barnes some stackes of corne killed 
diuerse person^ & carried twenty prisoner's men & weomen 
and, one of the men escaped and saith the Indians were gon 
vp Connecticot riuer northward, towards the ffrench, from 
whence they came & sayd they were encouraged & furnished 
for this attempt by a French Cap* ; Wee haue it vnde*" Con- 
sideration to send to these Indians and to the French to 
endeavo^' the recouery of the poore Captives and the better 
to vnderstand what wee may expect from those quarter's. 
Wee shall not Further trouble you, but as wee are bound 
shall comend you & our affayres in you"" hands to ou"" most 
gracious God, & to his protection & guidance through his 



OF THE STATE OF MAINE. 379 

grace hoping shortly to see you heere where you will be 
most welcome : to : 

You' Assured ffreinds 
The General Court of tli'e Massachusetts & signed by 
thei"* orde"" 

Edward Rawson Secret/ 



Petition of Anna Shaply. 

To y® Honorable Court now Assembled at Cambridge 
y^ Humble Petition of Anna Shaply formerly the Lawfull 
Wife and now the Widdow of Nicholas Shaply somtime In- 
habitant in Charlestowne in the County Middlesex in New 
England deceased : : 

Wheras I the said Anna Shaply your poore Distressed pe- 
titionor it haueing Been this many year sence my Husband 
Nicholas Shaply Deceased as may Be Well Known to some 
of your Honours : and that hee Left an Estate : and this 
many year myself haue been very Helpless not able to doe 
anything or to help my self by Reason of age and am in 
Great straight by Reason ray Wanting such Necessary and 
VsefuU things as I stand in Great need of as Lyning Wool- 
ing and other Nessessaryes which I am not able to subsist 
Without But haue not moneys or wherwithall to git them 
and Know not how I shall Doe for Maintainance as Long as, 
The Lord shall Bee pleased to grant mee to line in this 
World : Without some of my Husbands Estate be sold ifor 
my maintainance alsoe I am in Debted to ray son Robert 
Knight for my Diet & Keeping seuerall yeares which by a 
Bill Giuen him ffrom vnder ray hand will appear and hee 
hath been very Carefull of me Therfore my Humble request 
and Desire to this Honou^'able Court is that you might Be 
pleased to take it into Consideration that some Course 
might be taken for my Maintainance and that I might not 
ffamish 



380 DOCUMENTARY HISTORY 

Which I hope and trust you Will stand up ffor poore Dis-. 
tressed Widdows and Doubt not : Soe Leaving it to your 
serious Considerations : Beseeching and Humbly Desireing 
the Lord to Guid you in all actions & transactions as it is my 
Duty soe to doe : I Remaine you'' poor Humble petitioner 

mark 

Anna //\ Shaply 



Letter to the Lord Privy Seal. Oct. 22. 1677. 
Right Honorable 

Your Lordships Compassionate reguard & undeserved re- 
spect & favour to those gentlemen that on behalf of this his 
Majestyes Colony have been respondents to the disturbing 
Claims & querulous Complaints exhibited by M"" Gorge & 
M"" Mason against us before his Most excellent Majesty & 
y® Most Honorable Lords of the privy Councill Commands 
our Dutifull & Humble prostration of our Selves with a 
Deep Sence of y® greatest obligations to your Honor for 
your so great Justice & favour therein — & May we have 
leave to say, However ill & absurdly his Majestyes poor «Sc 
Distressed subjects in these parts are represented & rendred 
to his sacred Majesty or other Most Honorable persons Con- 
cerned in the great affairs of governm* (God knows our 
Hearts) we desire Nothing More next to Devotion towards 
god then to shew our Selves, though much disadvantaged by 
our remotion from home his Majestyes Most Loyall & faith- 
full subjects & are Confidently asssured by our Continuance 
therein to find favour in the sight of his Majesty & gratious 
aspect from your Most Honorable Lordship Humbly Implor- 
ing that so far as May Consist with the Tenor of your uner- 



OF THE STATE OF MAINE. 381 

ring Justice our present occasion May obtain Despatch with 
a full settlem* & removall of all Misunderstandings between 
his Majesty & us his Devoted Subjects with Infirraations of 
our Duty in which almighty god Assisting we shall ever 
continue 

praying for your Lordships 
Health & Happines. 
The Magis** have past this letter to be sent to the Lord 
Privy Scale their Brethren the Deputyes hereto consenting 

Edw^ Rawson Secret/ 
22 October 1677. 

Consented to by the Deputyes. 

William Torrey Cleric. 



Thomas Dunforth to the Secretary. 

M"" Secretary, 

The Comission''^ Acts 1675 : before y® Expedition to y® 
Narrogansets, wherein is conteyned an order for y*' Massa- 
chusetts to help y® Eastern pts in y'' exegency at y® Publ. 
charge. 

this is* w*^*^ wee stay upon, & do desire you to send us, if 
lodged with you, 

not elce. by service & love 

Tho. Danforth. 

9. 6. 78. 



Boston Octob'' 1«» 1675/ 

The Comission" vnde"^ standing that the Inhabitants of 

Piscataqua and so Eastward are vnde'' great distresse by 

Reason of the Rage of the Couion Ennimy Doe Comend it 

to the houno®^'® Gouern^i & Council of the Massachusetts, 



382 DOCUMENTARY HISTORY 

tha* some present reliefe raay be sent vnto them, according 
to the present Exigent, the charges whereof, shall be allowed 
in the Gennerall account of the Colonyes/ 

Thomas Danforth Presid*/ 
In y^ name & by the order of the Comission" 
That what is aboue written is a true Copy Compared w*'* 

y® originall so signed is Attested by 

Edw*^ Rawson Secret/ 

I vnde'' writt doe acknowledg y® 1'3*** of Septemb*" 1678 
to haue Rec*^ the originall aboue mentioned Compared also 
by me this copie on Request of m'^ Tho Danforth one of the 
ComissionJ'-s of y' Colony — Sending a post for it as Attests 

Jonathan Remington/ 



October 8"\ 1678. 

A returns of the comitte appointed hy the G-enll court, to con- 
sider of the matter p^sented Relating to the 
prouince of MayneJ 

The principall question [as wee humbly conceue] touch- 
ing this affaire (at p^'sent) Is Q-hether it bee best for the 
country, to Hold & Reteyne their interest in this prouince, 
or to sel & Alienate the same unto others? In Answer 
hereunto, the Coiilittee judge it best for the country to close 
in the Affirmatiue, for which they humbly offer these Rea- 
sons, with Answers to some objections to the contrary. 

1 Was it not this courts order vnto our Agents to en- 
deuor to purchase this pattent which being done accordingly, 
it seeme vnbecomming the Grauity wisdome & prudence of 
this court, to bee yea & nay in a matter of such moment & 
that before experience is made of any inconuence thereby 

2 Because our Agents intimate in their lette" that they 
Transacted this matter by the concurrent aduise of our 
freinds vpon the place ; who yet continue of the same mind 



OF THE STATE OE MAINE. 3 83 

as is certifyd by o' Agents last letters dated in August last. 

opposites 

8 Because our [enimies] in England particu'ly m'" mason & 
mr'" Ranolph vigorously opposed our Agents in that Bargaine 
& preuailed so farr as to frustrate the first attempt, this act 
of these o'' II willers is an Argument of the goodness of the 
thing for vs :/ 

4 In This pattent is granted both Government & soyle & 
lands &c of which latter there is a considerable quantity* 
not in propriety of any english man, sufficient to countervale 
the purchase, & their is little reason to feare wee shal be 
depriued y^of, because in all his maties Grants prprity is 
reserued. And as for the Gouernement it is not impossible 
wee may injoy the same also by the helpe of God, hauing to 
doe therin with so gratious a prince. 

5 It may be considered & our long experience hath giuen 
vs a sufficient demonstration herof, that the settlement of 
Good neighbours in this territory (w^^ matter lyes wholly in 
o'' hands) wilbe greatly advantageous & conducing to our 
future quiet, but the settlement thereof by il neighbours 
when it is in other mens hands wee cannot p^'vent, may poue 
a great trouble and affliction to vs, of which wee haue had 
had experience in former times. 

6 This place is plentifully furnished on the coasts with 
good harbours for fishing & timber of all sorts both for 
exportation abroad & vse at home ; which are conuencies 
that may bee Beneficiall to the publike good if prudently 
manged. 

7 The interest y*^ wee herby haue in the Hands of Nan- 
tucket & marthas Vineyard w*^^ a share in the 4 townes on 
the west of pasquataway ; is to bee considered as a matter of 
waight. more reasons might bee added but wee forbear, & 
come to consider som objections. 

Objection 1 It is probable our ill willers wil not bee 
wanting in their endeavors to incense our gratious King 
against vs & Aleadge y* by this Acquisition wee aspire after 



384 DOCUMENTARY HISTORY 

dominon & enlargement of territory wch is not for his 
bono'" or interst to Admitt. 

A7isiver If his matie should receue any impressions 
against vs in this case, and declare his disatisfaction — it is 
then time enough to Returne him such Answer as becomes 
Dutiful and loyall subjects/. 

Objection 2 It is a great Some of mony to be paid for it 
& the country being greatly impoverished by the late warre, 
& much in debt are not in a good capacity to disburse this 
sume without great inconuence. 

Answer 1 The some of 1250' starling w*''^ is the some to 
bee payd for it is not as wee conceue so considerable but the 
contry may pay it without any great determent especially 
considering the aduantages acre wing therby before hinted & 
it is very probable y* some purchasers wil soone appeare to 
by some parcell of this land to reimburse the treasury of 
y*' country ; Truly we conceue God hath put an oppertunty 
into o"" hand by this purchase of y* prouince w*^^ wee should 
thanfully accknowled & improue for Gods bono"" and the 
publike good ; & not through feare of contingent euents, 
decline, this opertunty.. 

Ans. 2 : If vpon Experience wee find it Burthensome or 
inconvenient for vs there is no cause to doubt (as wee judge) 
but wee may ease o''selues without any damage to the 
country 

3 objection In this pattent it is required that the Religion 
profesed in the Church of England, and Eclesiastical Gou- 
erment therof shalbe proffesed setled & established in & 
through the said prouince ; This injunction may proue A 
Snare to vs. 

Answer 1 The Religion of the Church of England, in the 
Doctrinall part of it conteyned in the 39 Articles, is sound 
& orthodox & for the substance therof is not only professed 
by all protestants generally but by our selues also, hence 
there is no reason for any good Chtian to thinke it a snare. 



OP THE STATE OF MAINE. 385 

Ans ^ as for the ecclesiastical Gounment of England, 
■which is established by the lawes of that land, Although in 
our judgment wee differ from it, yet wee must remember 
wee are prohibited in our charter of the Massachusetts, to 
make any law repugnant to the laws of England, of which 
lawes this is one, therfore may not make any law against it. 

Ans 3 If it should happen that any of his Ma*'*** subjects 
that doe or shal herafter Hue there, should profes & practise 
in matters of Religion According to the church of England, 
is there not as Good reason for vs to Admit them, that act 
therin not against any law made by vs. As to permit quakers 
and other perswasions dif- from vs, to practise their religion 
contrary vnto our lawes & that not in remote parts of the 
country but in o"" cheefest townes ; They that profes Religion 
according to the Church of England owne Good & sound 
principles in doctrine & are obedient to ciuil order, But the 
other persuations oppose both. Therfore which are like to 
be the best neigbours & Subjects let Reason Judge. 

Objection If There was an inconuenience vnto this Gen- 
eral Court in the number of Deputies Sent from that prou- 
ince in former times which haue had to great an influence 
vpon our affayres ; & yet the people of y' prouince haue paid 
litle or nothing to suport tins Goum* & being few & poor are 
like to do htle for y® future for o"^ Benefit & therfore wer 
like to bee burthensom rather then benificial. 

1 Answer The number of Deputyes in y* County Accord- 
ing to reason may & ought to be limited to a lesser number 
& according to their ability the are obliged to pay taxes as 
others doe ; for now those priuiledges they had before by 
Articles are extinct. 

Thus desiring the lord to guide «& direct the hon^^^^ Court 
in the conclusion that it may bee for Gods honour & publike 
good we remaiue yo"" Humble Seruants. 

Daniel Gookin Sen/ 
Bartho Gedney/ 
William Johnson/ 
25 Jo. Wayte/ 



386 DOCUMENTARY HISTORY 

The Councill do Impower & request y® Hon* Dep* Gov*" 
& m"" Joseph Diidly by the best way & meanes they may or 
can to reimburse y*' Trery the moneys disburssed for the 
purchase of the province of Mayne, by Sale of the place 
again to such as are willing to bargaine for the same, or 
otherwise as to them shall see me meet. 

24 : 8. 78. past by y« Council E R S 

mo. 



Province of Maine to he kept in the Country'' s hand. 

This Court haueing in October Session passed a Vote em- 
powering our Hon'^ Govern^" & Councill to improve, or dis- 
pose of the Province of Maine, by Sale or otherwise, for 
reimbursing what money was layd out in England for Pur- 
chase thereof. Vpon further consideration doe see Cause to 
recall the said vote : & Judge meet to keep the said Prov- 
ince in the Country's hand according to Contract made by 
our Coniissioners, vntill this Court take further Order 
therein : the Deputyes haue past this o"" hono^'' Magis** hereto 
Consentinge. 

William Torrey cleric/ 
Consented to by y^ magis'* 

Edw. Rawsou Secret/ 



G-rant from Sir Edm'^ Andross Sept. 6, 1679. 

S'" Edmond Andross Kn* Seign"" of Sous- 
mares Liev* & Governo'' Generall Vnder 
his Roy" highnesse of New Yorke & Pem- 
aquid & other Territories in America. 



OF THE STATE OF MAINE. 387 

Whereas Severall ffamelyes Driven from Their Howses 
and habitacons in this River, and Partes Adjacent and their 
said Howses, and Habitacoiis Destroyed Dureing the Late 
Indian Warr, Being now Resideing vpon this small ffishing 
Island of Saccadahoc, Above Sixty Persons where is nither 
Roome nor Approveable Land for their Subsistance (as 
also) John Vering haveing made application vnto mee De- 
sireing a Tract of vnimproved Land vpon the Southward 
End of Rowswick Island : where they may settle a Town- 
ship, And not strugling for the p-'sent, Reserving their 
Rights to their former Plantacoiis or Improvem*^/. 

I Doe hereby in his Maj«e« Name Grant and Confirme 
vnto John Ryford, Lawrance Denis, John Buttery ; Thomas 
Parker; John Cock, John Parker, W" Bickford David 
Oliver, James Twisdell W" Baker, Henry Comes, Hosa 
Mallett; John Verring Andrew Bigford John Brearae, John 
Cole, Edward Webber James Verring, John Cock Junier 
ffrancis Lowd, W- Hones, John Rely, John Bishop Law- 
rance Bickford, Jesper Miller, & John Moulton, and others 
in the Condition There Assosiates, Heires or Successers, to 
settle a Townshipp vpon the said Southerne End, of said Is- 
land Rowswick, Not Improved A Little above or North- 
ward of the first Marsh or Meadow Ground vpon the Maine 
River or Westerne side of said Island, & to Iiave and Enjoy 
soe much Planting or Improveable Land & Meadow on Both 
Sides, or about said Marsh or Meadow as they or Either of 
them may have Occation for and shall Improve as far North- 
ward as a ffence Crossing said Island. 

Aboute a Mile above said Place, and from said ffence 
Southward to the End of the Island as also Rainge for 
Cattle in the vnimproved, or Land or Generall Consernes 
of the same To be from time to Time Layd out and Adjusted 
or Ordered by a Constable and Overseers or Assistants; and 
the Generall servey« if Occation, In Common or gticular 
feilds or Parcells, as may be Most advantagious and conven- 
ient for said settlem^« w%ut Prejudice to any of their 



388 UOCmiENTARY HISTORY 

former rights any where Elce, And I Doe further in his 
]yjr^jties Name Give and Graunt vnto the said John Ryford 
Lawrance Denis John Buttery, Tho : Parker, John Cock, 
Jn*' : Parker, W™ Bickford, David Oliver, James Twisdell, 
W™ Baker Henry Cooraes Hosea Mallett, Jn^ Vereing ; 
Andrew Bickford Jn° Bream, Jn** Cole, Edward Webber, 
James Vereing; Jn° : Cock Junier, ffrancis Lawd, W"" Hones; 
Jn° : Reyly : Jn**. Bishopp,-Lawrance Bickford, Jasper Miller, 
and John Moulton, ffor themselves Associates, Heires & 
Successors to be a Townshipp, and have a Yearly Choyce of 
a Constable & ffour Overseers, or Assistants, for ordering 
all their Generall or Townes concernes and said Constables 
Overseers and Assistants being confirmed & sworne by the 
Court of Sessions att Pemaquid, or other Places of these 
Partes or any three or more of them the Constable, or in his 
absence the first Overseer, or Assistante being One, to keepe 
Court Quarterly or Oftener vpon Exterordinary Occations, 
with full Power & Lawful! Authority to SuiTions Person or 
Persons : Administer an Oath And to heare & Determine, 
all Matters Not Exceeding five pounds, above which as also 
Appeales, and Criminalls Matters : to be brought to the 
Justice of the Peace and Remitted to the Court of Sessions 
— And vpon the choyce of the said Inhabitants I Doe for 
this p^'sent yeare authorize and appoint John Ryford to be 
Constable and Lawrance Denis, Jn° Buttery, Thomas Parker 
and John Cock, to be Overseers or Assistants, w*^ full 
Power, and Authority, to act as above, for the Good and 
wellfaire of said Townshipp, According to Law, Given 
vnder my hand and seale at Saccadahoc, This sixth day of 
September One thousand six hundred and Seventy Nine 
And in the One and Thirtieth Yeare of his Maj"®^ Raigne. 

E Andross/ 
Recorded & Examined 
gy mee William Sturt/ 

Vera Copia g Johanes 
Egidius Cleric/ 



OF THE STATE OF MAINE. 389 

Fort to be erected about Casco Bay ^c. 

This Court Considering the State & Condition of the 
Province of Mayne at present and that part thereof about 
Cascoe Bave where aboutes, there are severall fishermen 
setled and retourned to inhabitt there, whome this Court 
Judg theraselues bound to protect Doe therefore Order that 
a Small fort bee erected about Cascoe bay and one bar- 
rack for nine men raayntayned for the preservation of the 
s^ fort and that the Councill shall take care in orderino- all 
things relating herevnto as they shall Juge meet for wel 
governinge and protection of the people there & prevention 
of trouble by Indians or any others the Deputyes haue 
past this or hono'''^ magis. 

William Torrey Cleric/ 

29. Octob. 1679. 

Not Consented to by the magis*^ Edw*^ Rawson/ 
but is Refered to y^ next court of Election. 

E R S. 



Government to be Established in Maine. Feb. 10. 1679. 

This Court taking into Consideration tlie necessity of a 
speedy Establishing a Goverment in the Province of 
Maine, & the p^'sent Season &c requiring a speedy issue of 
this Sessions of Co'^t; The Honoured Councill of this Juris- 
diction is requested & hereby empowered to take Order 
for settling the said Government, & appointing a p^sident 
w*^ Justices of the peace & other officers as is directed in 
m"" Georges Pattent & to Comissionate the Sames accord- 
ingly vnder the Scale of this Colony & this to be in force 
vntill the next Co't of election here, & vntill further Order 
be taken by this Court therein, the Deputyes haue past 
this Desireinge the Consent of o"" bono'"'* magis** hereto, 
fPeb : 10'^ 1679. William Torrey Cleric/ 

Consented to by y® magis*^ Edward Rawson Secret/ 



390 DOCUMENTARY HISTORY 

Commissioners to Estahllsli Government in Maine. 

Boston 23. 12. 79. 
Gent° , 

The alwise providence of God haneing so disposed y* by 
o'" Purchase derived from y® Heyres of S*" fferdinando 
Georges Wee are now y® Proprietors of y'' his Ma*^®^ colony, 
called y® Province of Mayne. 

In pursuance of y'' trust y* is incumbant on us, These are 
to informe you y* wee haue resolved God willing to take 
effectual] care for y** Goverui' & proteccon of his ma"®* good 
subjects y*" Inhabiting according to y® direccon & constitu- 
tion directed in his ma*'®* charter for y* Province and for 
y' end haue ordered y® drawing up a comission und"^ y® 
seale of y® gov"" & Company for y® coinissionating of c^'teine 
Gent"^ for y® performance and executing of said trust & 
charge - & for y® better effecting hereof do hereby order 
yt ye Inhabitants of y® seQall Townes within s*^ Province 
be by warrant from m*" Rishworth suuioned to appeare at 
York towne, Wedensday the 17'^ day of March then & there 
to attend such orders & comands as shall y° be required 
to be observed of them in observance & according to y® 
direccon of y® aboves*^ At w'^'^ time you may expect to 
receiue a further order & comission by y® hands of some 
Geht'" of the councill by us comissionated to said trust. 

In confidence of yo*" not faileing o"" expectacco in y® p''em- 
ises wee take leave. »& are 

Genfi 

yor loving friend 
E. R. 
by y® order of y® Hon^' 
Gov' & Councill of his Ma"®" 
Colony of y® Massachusets. 

To M"" Rushworth/ 
M' Hooke/ 

Cpt frost/ 
Capt Davis/ 



OF THE STATE OF MAINE. 391 

A Declaration of the Inhabitants of the Province 
of Main./ 

Wheras upon a late purchase made by the Agents of the 
Collony of the Massachusets in the behalf of S' Fardinando 
Gorges Heirs of the Province of Main in pursuance whereof 
have commissionated severall Gent to Assert their Author- 
it}"- over the Inhabitants of the said Province, to make 
entrance unto the settlem* thereof, according to the Regula- 
tion of that Charter requireing Subjection thereunto. And 
forasmuch as his Maj"® by his late letter doth manifest his 
disallowance of their purchase aforesaid, so that by our con- 
senting to their commands in the premises we shall endanger 
his Ma*^®* displeasure therein, to whom our Allegiance is 
due Do therefore b}'- these presents declare our dissent & 
nonconcurrence in any such method of Governm* as by 
them is intended to be settled untill his Maj"*^^ pleasure be 
furtlier known for the Confirmation thereof, which being 
assented we shall readily render our subjection thereunto./ 

This Declaration was delivered to M' Thomas Danford, 
sent over by the Gov' & Councill of Boston as their Presi- 
dent of the Province of Maine (sitting then in Court at 
York in the said Province, upon the 18"^^ of March 1679) 
by John Hole in behalf of the Gent whose names are here- 
unto subscribed./ 

Nicholas Shapleigh Edmund Hammond Nathaniel Raino"" 
John Hole Roger Dearing John Brane 

Richard White John Twisden Arthur Beate 

Peter Dixce James Wiggins Senio'" Jasper Pulman 

Elihu Gunnison Diggery Jeffery Nathaniel Daniel 

Joshua Downing Stephen Jenkins William Moore 

Thomas Rice John Marrel Clement Short 

Richard Nason Jabes Jenkins Alexander Cooper 

Richard King John White John Card 

Richard Go well John Green Thomas Curtis 



392 



DOCUMENTARY HISTORY 



Thomas Furnell 
Gabriel Christian 
William Ramuck 
Enoch Howkins 
William Tetherle 



George Barren 
Adrian Fry 
John Banks 
John Key 



Daniel Dilt 
John Persons 
William Ashley 
Thomas Littlefield 



Rowland Young; Senio' Thomas Brandon 



Thomas Hunchcomb John Miller 



Richard Miller 
Richard Green 
Sampson Anger 



John Balson 
John Puddington 
Thomas Mussey 
Jeremy Sheares 
Joseph Daniel 
Tho: Traftington 



To the Kings Most Excellent Majesty 
The humble Petition of Joshua Down- 
ing Inhabitant of the Town of Kittery 
in yo*" Majesty's Province of Main in 
New England./ 
Humbly Sheweth 

That yo"" Petitioner hath lived in the said Town about 
twenty eight years, & hath been a great Sufferer under the 
Usurpation of the Governm* of Boston for liis loyalty to 
yo*" Ma"® & owning the Right of the Heirs of S^ Fardi- 
nando Georg^ as lawfull Propriato*"^ of the said Province./ 
That about the 12"^ of March 1679 yo' Petition'^ with all 
the Inhabitants of said Province were summoned in yo"" 
jyjjj^ties i^iame to make their Appearance at the Town of York 
in the said Province, to take the Oath of Allegiance ; where 
finding Thomas Danford one of the Magestrates of Boston 
(assumeing to himself the Title of President of the said 
Province) accompanied with three or four Persons for his 
Councill; he tendered the Oath of Allegiance to yo"" Peti- 
tioner, who (haveing twice taken the said Oath before) 
desired them to satisfy him by what Authority they there 



OF THE STATE OF MAINE. 393 

acted, not that he refused takeing the Oath, but was unwill- 
ing to receiue the same from every Pretender: Whereupon 
the said Thomas Danford told yo' Petitioner that he was 
one of those that actually opposed his Ma"®^ Authority, & 
particularly in signing a Protestation & joyning with many 
other of the Loyall party against the present proceedings of 
the said Thomas Danford ; and further said that yo^ Peti- 
tioner should know his power, & he would shortly send him 
further off & immediately by his Warrant (as by the coppy 
thereof hereunto Annexed doth Appear) committed yo' 
Petitioner (though very lame & indisposed) to Goale & 
denied him the benifit of one to attend him to yo'' Petition" 
great dammage./ 

Now forasmuch as the said Thomas Danford assumeth to 
himself great power in this Country, and there are no 
Courts or Authority settled in this Plantation of New 
England whereto the wronged Inhabitants may appeal in 
expectation of Reliefe ; Yo^ Petition'" humbly prays yo"^ 
Ma"® to take the premises into yo' Royall Consideration, so 
that he may receive full Satisfaction for his false Imprisonm* 
& that neither the said Thomas Danford, nor any other like 
Pretender (from the Governm* of Boston) may exercise 
Power & Authority over this Province without yo*" Ma"®* 
Royall Assent first had and obtained ; To which both yo' 
Petitioner & all the other Inhabitants shall (with their Lives 
& Fortunes readily submit unto, & defend./ 

And yo*" Petitioner shall ever pray 
Joshua Downing/ 



394 DOCUMENTARY HISTORY 

Lands in Maine to he sold. May S6, 1680. 

ffor the better settlement & planting of the prouince of 
Mayne and the encouragement to rebuild the wast places 
thereof 

It is Ordered that such hinds as are ifree and at the 
dispose of the cheife Lord proprieto"^ as well the Island 
as on the mayne shall forthwith be granted & sold to such 
as shall be willing to purchase or Improove the same & 
the Dep* Gofil major Gookin & W'" Stoughton Esq*"^ are 
Appointed and Authorized by this Court to take order for 
the Survey of the said Lands & making such Contracts & 
grants as to them shall seeme meete for the sale & dispose 
thereof & the Tresure*" is Authorized to signe the Deeds of 
Sale on the receite of the moneys Contracted for by the 
comittee abouesaid// The magis*® haue past this theire 
brethren the Deputies heereto consenting 

Edward Rawson Secret/ 
26 may 1680/ 

The Deputies Consent not heer too 
Mav. 27: 1680: 



Elisha Hutchinson g order. 



Petition To the Kings most Excellent Ma*y 

The Peticon and Address of the General! 
Assembly of the Province of Maine in 
New England 
In most humble wise sheweth 

That whereas y"" Ma*^* poor Subjects and humble Suppli- 
ants have been by y® Sovereigne dispose of Almighty God 
planted and settled in these remote parts of y"" Ma*^ Domin- 



OF THE STATE OF MAINE. 395 

ion. Wee have not onelj conflicted with many wants and 
difficnlties inevitably attending the Subdueing and planting 
of a barren wilderness but also have been greatly disadvan- 
taged by y^ many interruptions and changes from time to 
time made and happening in our Governm* through y® failer 
of those betrusted therewith by him who was the cheife 
Lord Proprietor upon this ground it was that we were 
necessitated for our owne security from y® unruliness of 
turbulent Spirits growing up among ourselves and from Our 
defence from y'^ rage of the Heathen Natives soon to crave 
y® Succor and Shadow yo"" Ma*^ Subjects our Brethren and 
Neighbours the Governor and Comp* of the Massachusets 
Colony who in the time of our distress did not spare any 
expence of blood or Treasure for our defence and safety 
without whose help and assistance this yo' Ma*^ Province 
had been at this day utterly Laid wast and desolate and 
when by reason of the devastation of some of our Townes 
we were not able to pay our owne soldiers nor to find them 
cloathing ammunition and provision Wee were furnished 
with supply of all these from them and with Souldiers also, 
at their own charge amounting to y® value of more than 
Seaven thousand pounds in money for such indeed hath 
been their pity and tendernes towards us that they have 
never Received of Us one penny Tax either in y® time of 
peace or Warr excepting was to be distributed among y* 
Lihabitants of our owne Province for equalizeing of y® 
Burthen of this Warr among ourselves This We judged to 
be our duty to represent to y"" Ma'^y that what in us lyes we 
might prevent y'' injury w*''^ false accusations of our friends 
may do to us and them. 

And whereas by a late purchase made from the heires of 
S' fferdinando Gorges kn* the Gov"" and Company of the 
Massachusetts are now your Ma** Leivtenant and our cheife 
Lord proprietor and have not onely Administered to us the 
Oath of Allegiance to y"* Ma'y none refuseing it except 
Quakers and some that colesce with them but further to our 



396 



D0CU3VIENTARY HISTORY 



great benefit and advantage proceeded to Settle a Governm* 
among us in pursuance of and according to the Royall 
Cliarter granted to S"" fferdinando Gorges aforesaid his heires 
and Assignes. 

Wee doe therefore in most humble wise address our- 
selves to y^" most ExcelP Ma*y for your benigne 
Aspect and Royall favour to be towards us your poo r 
Subjects that the wrongfull accusations and Sugges- 
tions of any who have or may sinisterly represent us 
and our present Estate and condicon to your Ma*y 
may not prevaile to bring on further alterations 
amongst us But that wee may enjoy the benefit of 
your Ma** protection and have continued to us this 
our Settlement and be thereby incouraged to rebuild 
our wast and desolate Towns and places and be saved 
from the like future damages that have falne heavy 
on us by our former dissettlements 

And y"^ poore Subjects shall remaine 
humbly to Pray &c. 

Brj^an Pendleton Dep* President 
Joshua Scottow 
Edw: Rish worth 
John Wincoll 
Franc: Hooke J> Assistants. 

Samuell Wheelright 
Charles Frost 
Samuell Davis 
^Job Alcocke | 
Abra: Preble j 
Ezek : Knightg 
JohnLittlefeild^^^^W^^l^ 
John Harmanjfor Saco. 
Roger Kelly } for Isles of Shoals 
George Broughton 
James Emery 



for York 



Burgesses < 



for Kittery 



or THE STATE OF MAINE. 397 

Incroacliments of the Crent^ of New York at Pemaquid. 

S"" I am Required by our houno^'ble Gofilno'" & Dep*y 
GoQno'" to signify vnto you that on what is come to their 
knowledge of the Genf^ of New York at Pemaquid theire 
Incroachments on us & the people vnder our Gove'"nm* in 
the Province of Maine that they have Judged it necessary 
to Call a Council to Assemble & be together in Boston on 
the Day of this Instant August at of the 

said day to Consult the necessary welfare of the people 
vnder our Inspection there and therefore doe hereby desire 
your presence & Assistance at the time & place prefixt ; for 
the ends aforesaid: not else but expecting yo*" performance 
remaine S*" 

Your humble Servant 

Edward Rawson Secret By order 
of the GoQn^ Dep* GoQno'- &c. 
Boston W^ August 1680 = 



Government at Pemaquid to be Maintained ^ defended. 

The Councill being credibly informed y* some persons 
belonging to Pemiquid, und"^ p'^tence of order by y™ receiued 
from S"^ Edm. Andross, haue made disturbance among y® 
Inhabitants of Casco in y^ Province of Mayne, & have 
turned out of their places, the Constable & such as were 
comissioned with mag'^call authority according to his Ma*^®' 
charter for y^ Governm* of s^ Province & haue also so farr 
threattened y® Inhabitants as that they are affraid to abide 
under his Ma"®' Gover™* & authority there setled, unless 
Speedy provission be made for their protectio ag* y*^ insol- 
encyes of said usurpers. 

Upon a full debate had in Councill of the p'^emises It is 
resolved that his Ma*^^^ Goverm* orderly setled in said place 
& y® propriety of the aboves*^ Inhabitants ought to be main- 



398 DOCUMENTARY HISTORY 

teyned & defended by y^ Gov"^ & Company of this Colony 
who are now legally y** cheife proprietor of s*^ Province, And 
Pursuant hereof do order y* 160: men to be forth pressed, 
with aiTiunition & provission necessary for y*' said service, 
and y® charges of said expedition to be p'* by y*' Country 
Trer. & Capt: Tho: Brattle & m"" Jn" ffayreweather A: B. C. 
are appoynted a Comittee to press such sloops, boates, pro- 
vission, & amunition as they shall receiue order from Tho 
Danforth Esquire dept Gov*"" and to charge bills on the 
treasurer to be payd by him as he shalbee enabled. 

It is agreed, that In case y® n° cannot be compleated by 
volunteers then y® Majors of Suff. & Middlssex shall ord', 
y® impressing of so many as shall be wanting to compleat 
ye gd -^o jjj ea,(ih County equally, & the afores"^ Tho Dan- 
forth Esq'' to direct the Secretary to giue forth orders to the 
Major's for Impressing the men & to y® afores** Comittee to 
Empress all other pvisions & amunition as afores*^ & giue 
such incouragem" to vollenteeres as he shall see Cause by 
Lands &c not exceeding lOD acres as wil become inhabit- 
ants there and remayne there seven yeares and m'" Gidney 
is desired to accomp^ the president of y® sayd province in 

this expedition 

16 August 1680/ past E R S. 



Reiyort of a Committee in relation to a New Plantation on 
the Northern part of Casco Bay. 

To the Honourable Gouerno'" and Company of The Mas- 
athusetts CoUony./ 

May yo"* Hon'"^ be Informed that we vnder written beinge 
by yo*" selues called to saruice In the setleinge & Regula- 
^einge the affaires of a New plantation on the Northern 
part of Caskoe Bay: haue in pursuance theire of, Gone 
vpon the place, undertaken a view of the Setuation theire 



OF THE STATE OF MAINE. 399 

of and Consideringe of the claimes that are made, as 
deriued from the first propiietor S^ ffardenando Gorge 
doe tacke vp a Great part of the front and best part 
of the land in said grant, to the great discoradging of 
those that intended setlement theire, which the Hon'"*'^ 
president Consideringe, haneinge tacken a view ' of the 
place, hath Granted and Aded to yo"" former grant the In- 
teruieuing land lyinge betweene the bounds of ffalmouth & 
the riuer of Wescastoge the west bounds of yo"" grant and 
an Hand next the Sea which we suppose ver}' needfull for 
Incoradginge of fishinge, & trust yo"" Hono'^ will Ratifie & 
Comfirme the same, & would alsoe Informe yo'" Hon" that 
we Conceaiue that the buildinge and Improuinge of the Saw 
Mill Ereckted in that Towneshipp by Barth Gidney Esq*" 
will be the Maine & cheife Incoradgement to the first setle- 
ment of the said towne, without which we Cannot se at 
present a likelyhood of any conuenient progresse in set- 
leinge &c & haueinge Consulted w* Bar Gidney Esq"" about 
it, find him not willinge to disburse further vpon it, vnles 
yo^ Hon'* Confirme to him such a part of his purchase as 
may be suffitient accomodation to such an affaire & Liberty 
of Cuttinge timber on any part of the Riuer or Coues for 
feadinge the said Mill: we would Moue to yo'" Hon''* that 
theire may be sutable accomodation for the Mill Granted, 
lynge vpon the Riuer next aboue the Towne boundes & 
buttinge theire vnto to the Quantity of Three Thousand 
acres of land theire, beinge in all such cases need of land 
suffitient to bestow on such working as must be employed 
in y* suruice, and will greatly incoradge y^ setleinge of 
famillyes sutable for y* Imploy which if yo*" Hono""* please 
to Grant & confirme we sliall wt aduice & helpe of Bart 
Gidney Esq' Indeaour to o' vtmost still to proceed & effeckt 



400 DOCUMENTAKY HISTORY 

In discharge of the trust Comittecl to vs; and doe remaine 

yo' Hono" in all Humble obsaruance 

Siluanus Davis/ 
Walter Gendle/ 
George Pearson/ 
Anthoine Brackett/ 



To he. added to y^ Instructions. 

With reference to y® Province of Mayne, In case y* aff 
all humble intreaties & a true representation of that affaire 
w*^ respect to his Maj*^ true interest, as well as his good 
Subjects of y* Province, his Ma*^ favour cannot be obtained 
for o"" holding the same ; you shall humbly pray a reimburse- 
ing of 0^ great expences for y^ purchase and securitie of 
said Province against y^ Natives before we be comanded to 
deliver up o' deeds of sale ; & finally you are in most 
humble wise to submit that whole concerne to his Maj*' 
pleasure.// The magie*^ haue past this their 

23 May brethren the Deputies hereto 

1681. Consenting 

Edward Rawson Secret/ 

The Deput* Consent not hereto 
William Torre}"" Cleric/ 



President of Maine. 

The majestrates haue ellected & Appointed the Hon- 
nored Thomas Danforth Esq' our present Deputy Gouerno' 



OF THE STATE OF MAINE. 401 

to be President of the Province of Maine for the yeare 
ensuing their brethren the Depu*^'^* hereto Consenting// 

Edward Rawson Secret/ 
31 May 1681. 

Consented to by y® Deputys 
May 31 : 1681 : Elisha Hutchinson g order. 



Committee to inquire into the state of the Province of Maine. 
Major Pinchon, Major Savage & m"" Nowell, are nominated 
by y® Mag*^ to be a comittee, to joyne with some of o"" Brn. 
y® Dep*^ to inquire conc'^ning the p'^sent state of y® Povince 
of Mayne, & ye settlem* of fort Loyall & to consider w* is 
necessary further to be done for y® maintenance thereof, & 
to p''sent y® same to y® Court in y® after noon 

The Magistrates have past this our 

brethren the Deputyes Consenting/ 
May 31. 81 

The Deputys have Chosen Maj"^ Pike Cap" Sprage Cap* 
Waite & Lef* Johnson to Joyne w*** o' hon""*^* Majestrets to 
be a Comitty as in the with in bill, May 31 ; 1081 : 

Elisha Hutchinson g ord"" 



Return 

The Returne of the Committee appointed by the Gen'' 
Court to Enquire into the state of the Province of Meyne, 
And what was further needfull to be done for the Settle- 
ment of Port Loyall and the maintenance thereof. 
1. For the Province itself we cannot as yet by any 
26 



402 DOCUMENTARY HISTORY 

enquiry satisfy ourselves so as to give Information to the 
Court what it may produce. 

2. For the Fort we apprehend needfull that it should 
be continued or defended, both for the securing of the 
People in those parts against the Indians and any bad 
neighbours, & also from the encouragement that People 
take from it to replant themselues there. 

3. In order to the maintaining or defence of that Fort 
& place we judge there cannot well be less than 13. men. viz. 
a Captain, a Serjeant, a gunner and 10 private Souldiers. 

4. We are informed that the People of that Province 
are so sensible of the benefit to themselues that they are 
willing to maintaine six private Souldiers. 

5. The remainder of the charge for the Captaines 
Salary Serjeant, Gunner, and 4 Souldiers with a magazine 
will amount to four hundred pounds p afi) in Country pay. 

6. We hope something to ease this burthen may be 
raised out of the Beaver trade and from the Saw mills & 
some other ways which may in a little time wholly ease this 
Colony of the p'sent burthen. 

May 31. 1681/ John Pynchon in y« 

name of y® Comittee/ 

The Deputys haue gvsed this Returne of y® Comitty, & 
doe aproue of it & order y* fforte Loyal bee Maintained at 
y® Charge of this Collony guided y® Province maintaine six 
souldi^'s, & y® Hon*''^ p^'sident is desiered to take care y* it be 
Maintained w*'^ as little Charge as may be : past by y^ Dep- 
utys o' hon*"*^ Majestrets Consenting, June. 1 : 1681 : 

2. June 1681. Consented to by y® Magis*^ 

Edw. Rawsou Secret 



OF THE STATE OF MAINE. 403 

Petition. 
The humble petition of y« Generall As- 
sembly now sitting at Wells August 
IH^i^ 1681 to their Hono'-i president 
Thomas Dan forth Esq"" 
Hono'-d S"- and our very ^yorthy president, after a lono- 
time of vnsettlement in this province, It hath pleased the 
Lord in an vnexpected but gracious way of providence to 
improueyoLir Hono'' as an Instrument of Laying a founda- 
tion of present, and wee hope of future happy settlement 
tor ye peace & incouragement of this poor people and your 
ready inclynation therevnto appearing in your pronosalls 
wee your Humble petitioners can but heartyly acknowledo-e, 
therefore we request as foUoweth. " ' 

!«*• That whereas many doe, though others doe not 
see the large extent of your great bounty in ye proposalls 
made, not to alter ye same but to giue a like cleare vnder- 
standing to all, it is humbly requested f r proposalls may 
bee placed in y^ order, in which they are in this paper 
annexed yt all eyes may see how great ye liberties are, y* are 
conferred on them and how great r bondage is yt they are 
freed from by your fauourable concessions, and may bee 
tyed vp in greater bonds of thankefullnesse to cod and 
obedience to ye authority which god hath placed ove^'r us 

2. \yee humbly petition f every mans Lands may 
bee confirmed to him, & his heires or Assignes for ever 
according to ye law title lands, free Lands, vnder your 
Honors hand and Scale, as ye pattent requiereth 

3iy Considering yt ye Inhabitants of ye province, are 
few in Number and feeble in power to withstand an Enimie 
forraine or domesticke, & yt considering whosoever may 
Invade us is a comon enimie to r three vnited Coloneys 
also, wee therefore desire yt wee alsoe may bee listed in r 
same confederacy with ye three vnited Colonys, to yeild our 
proportionable Assistance, and to beare our squall share 



404 DOCUMENTARY HISTORY 

proportionably in y® Charge, in case any warr arise against 
ns, or any of y® three colonys and they alsoe to beare y^ like 
charge with us. 

4^y That your Hono'^ would be pleased to grant us the 
profitts of y® Indian Trade, towards defraying the publique 
charge of y® province. 

Vera Copia. 



Instructions 

Instructions for y*' Messenger appoynted to carry 
y® Generall Assemblys result to y® Hono^"^ presi- 
dent as followeth. 

1^* That before you deliuer vp y® originall past by y® 
whole Assembly y* you present a true Coppy of it vnto him 
with y® proposalls left by himselfe, as now stated by y® Gen- 
erall Assembly. 

2'y Humbly to represent, y* according to y® rigour & 
full Extent of these proposalls wee oblidge ourselues vnto 
what wee are vnder an incapacitie to performe withouty® 
Assistance of our L"^ proprietor & doe humbly craue y* in 
case of war either with an Intestine or foraine enemy, pro- 
vided y® province doe beare their proportionable charges 
with y® proprietor then wee doe humbly expect our Hon- 
ored proprieto*" shall releiue & protect us, 

3^y That y® law concerning lands, Intitled free lands, 
be according to a promise made wee conceiue by o'^ Hono*^ 
president bee made good vnto us. 

4^y That y® Third Claues in our petition, relateing to 
y® Joynine of us in confederacy with three colonys, must 
bee left to y® consideration of o*" L^ proprieto' whether it 
can bee Effected or not. 

5 : The last clause in our petition refering to y® Indian 



OF THE STATE OF MAINE. 405 

Trade although wee doe with submission conceiue it neces- 
saryly Implyd in our presidents Last proposall in y® tearmes 
&c yet wee humbly craue it may be more fully expressed, & 
doe submissiuely expect y® granting thereof for our helpe 
to carry on publique Charge. 

6 : That the Comander of y® fort be appointed by our 
selues & y® management thereof 

Finally. 7. That if these be a condiscendency by o' 
Ld. proprieto"" or his Generall Governer vnto these proposed 
gticulars that then wee passe our ready Complyance to his 
proposalls, & wee order you to deliuer vp vnto him y® result 
of y® Generall Assembly. 

This signed as y® act of y® last Generall 
Assembly this IS^'^ August 1681 
as Attests Edw : Rish worth Secrety. 

Vera Copia. 

[Endorsed "i 
by Secretary Rawson J 

"Province of Mayne 
by m' Broughton 
8. 7. 81./" 



proposals for y^ future settlement of y^ affaires 
of y^ province. 

1** That all publique charges henceforth ariseing annually 
within y® province as well for their protection as gover- 
ment or otherwise be Defrayed out of y® Treasury of y® 
province/ 

2^y That Fort Loyall & a Garrison necessary for y® 



406 DOCUMENTARY HISTORY 

security thereof be maintained henceforth at y^ charge of 
y^ province/ 

3. That all those y*^ haue taken pattents, or leases, out of 
S"^ Fardinando Gorges, or any of his agents, doe obserue 
and make good their Covenants respectiuely to y® cheife 
proprietor, as their acknowledgment of his right to Soyle 
and Goverment. 

4'y. That all others as an acknowledgment of his right 
to Soyle and Gouerment doe pay 12*^ for every family whose 
single Country Rate amounts not to aboue 2^ and for all 
y* shall exceed y® sum of two shillings in a single rate to 
pay three shillings g family annually in Mony to y® Treas- 
ury of y'' province, for y*^ vse of y® cheife proprietor 

5 : That according to y® law Title charge publique all 
persons and estates & lands which are in this province, 
whither belonging to persons Resident within or without 
the colony, be ^equally and Indifferently rated therevuto 
excepting oidy Coiuons of any Towne or land Lying in 
Comon & belonging to y® Cheii'e proprietor 

6. In Consideration hereof I doe freely consent and 
grant y* y® inhabitants of this province be for ever acquited 
& discharged from all claimes & demands due, and by 
charter belonging to y^ cheife Lord proprietor for y® time 
past, & for y® future y* all Towneships y* haue been granted 
by S"^ ffardinando Gorges K*. or any of his Agents or 
y*^ Generall Court of y® Massachusets as well for there 
Streames, Sawmilles, Corne mills &c : bee forever acquited' 
from paying rent or any Dues to y® cheife proprietor or his 
Generall Gouernor, otherwise then shall be necessary for 
their owne deffence. 

This Cou.rt haueing read and considered y^ §posalls hereto 
annexed for y® settlem* of y® affaires of y® Province of 
Mayne do approve thereof. And in answ*" to y® Pet', of 
y® Gen" Assembly of y* Province of Aug : 18 : 81. for a 
more full explicaccon of said Proposalls & further Privi- 



OF THE STATE OF MAINE. 407 

ledge to be granted. This Court doth order and hereby 
impower y® Presid* of said Province, to make legal confir- 
maccou to y® Inhabitants respectively of their just propriety 
in the lands there, under his hand & seale, according to the 
direccons of their charter. And do further grant that they 
making the annuall acknowledgera* of the right of the 
cheife Proprietor to y^ Soyle & Goverm* as is Provided in 
the 3 : Article of y® aboues^ Proposalls, they shall then be 
acquitted & discharged from any .further subsidies to the 
cheife Proprietor, further then shall be necessary & orderly 
leyyed for their own pteccon and go verm*. 

2. That in case of any defensive warr, orderly comenced, 
they shall endeavour the ordering thereof as may be for the 
safety of the Inhabitants, & shall allow the whole of the 
revenew ariseing due to y** cheife Proprietor towards y® 
maintenance thereof 

3. That y® annuall revenew ariseing by y® trade w*"^ the 
Indians shallbe allowed towards y® maintenance of fort 
Loyall, the Appointment of y® Cap* as well as of the other 
Militia being still reserved, as the charter appoynts in the 
power of the cheife Proprietor. 

ffurther it is ordered that y^ Arrears of y® Cap* & 
Garrison at fort Loyall, be forthwith passed by y® Presid* 
of said Province to y^ Frer for paym*// The raagis** haue 
past this their brethren the Deputies hereto Consenting. 

Edward Rawson Secret/ 

15th Octob-- 1681. 

Consented to by the Deputyes 

William Torrey Cleric. 



Deed of Nanaadconitt et al to Francis Neale et ah. 

This Indenture made this ffourth Day of August in the 
yeare of our Lord 1672 betwixt Nanaadconnitt & Werad- 
bitticton Indian Sagameres of y® one partie & ffrancis Neale 



408 DOCUIMENTAEY HISTORY 

George ffelt & Jenkin Williams planters of y® other partie 
Witnesseth That Wee Nanaadconitt and Waradbicton for 
and in consideration of a certain e sum of monie or monies 
worth to vs in hand payd before y^ signing & Sealeing of 
these presents wherewith Wee acknowledge our Selues 
fullie Satisfied & payd and contented, Haue Giuen Granted 
bargained & Sold, & by these presents wee Doe absolutelie 
Giue Grant Sell allien enffeof & confirm vnto ffrancis Neale 
George ffelt & Jenkin Williams theire heires & assignes for 
euer a quantitie or parcell of Land Lying & being in Casco 
Baye & vp the Riuer calld Pesumkitt Riuer bounded as 
followeth videllizett one y® North side of y® Riuer. And to 
begin • where M'' George Munjoy according to his Deed 
which abovtt ffiue or Six yeares since he had from vs endeth 
upon the same side of the Riuer and soe to Runn Downe by 
the side of y® Riuer to the ffalls & Soe aLong by y® side of 
the Riuer witliin fowerscore poles of John Waleyes dwelling 
house & Six Miles vp in the Cuntrie Together with all 
Lands Marshes woodes underwoods timber Trees with 
y® priuiledges of the Riuer and ffalls and all other profitts 
priuiledges of what natuer Soeuer is or may bee contained 
within y® aforementioned bounds (alwayes excepted that if 
any of y® aforesayd Lands be within y*^ now claime or titell 
of y® Massathusetts Collonie or Jurisdiction we doe nott 
presume to Dispose of itt) To Haue and to hold all & singu- 
lar the afore Mentioned Lands hereby granted bargaind 
and Sold with all members priuiledges and appurtenances 
whatsoeuer to y® Saj^d Lands belonging or any wise apper- 
taining vnto the onelie vse of y® Sayd ffrancis Neale George 
ffelt & Jenkin Williams theire heires & assignes for euer 
Wee Nanaadconitt & Waraadbicton Indian Sagamores here- 
by emplying our Selues heires & assignes of and from all 
clame titell and interest to y® aforementioned premisses or 
any part or parcell thereof and vnto y® onely vse and 
behoofe of the aforementioned ffrancis Neale George ffelt 
& Jenkin Williams theire heires or assignes against vs our 



OF THE STATE OF MAINE. 409 

heires or any other Indian clairae or titell whatsoeuer will 
warrant and for euer Defend by these presents & in witnes 
of the truth hereof Wee Nanaadconitt & Waraadbicton 
haue herevnto Sett our hands and seales this 4*^^ of 
August 1672/ 

Nanaadconit (^"^^ his mark with a seale (-///--) 

Waraadbicton /^ "Jher mark with a seale f ~J-^-) 

Signed Seald & Deliuerd 
in the presence of vs 
William Haines/ 
John Dale/ 

William Haines testifyed vpon Oath that 
he was present and Did see Nanadconitt 
Waraadbicton signe seale and Deliver this 
instrument as theire act and deed Sworn 
in boston 9*^ Nouember 1680 before me 
Vmphey Davie Assistant/ 

John Deale personallie appearing made 
Oath that he was present and sett his 
hand as a witnes to y^ aboue written 
when itt was Signed and Seald 7*"^ March 
16«J- 

82 • 

Bartholomew Gidney assistant/ 



Agreement between ThoK Danforth Sf Mary Munjoy 

Articles of Agreement had made & Concluded this tenth 
day of June Anno Domini One thousand Six hundred & 
Eighty one, annoq, RR^ Caroli Secundi &lc,^ xxxiiii By & 
Between Thomas Danforth Esq"" Presd* . of y^ Pro"" of 
Mayn in New England in behalf of y® Gov"^ & Comp^ of 



410 DOCUMENTARY HISTOEY 

y® Mass^ bay in New England afores^ Proprietor of y^ s<^ 
Province of the one Part And Mary Munjoy Widow Relict 
& Sole Adm^ of the Estate of George Munjoy late of Casco 
in Falmouth within the abovesaid Province Marriner dec*^ of 
the other part ; Witnesseth That Whereas the said Thomas 
Danforth Esq' President by Virtue of his Commission from 
the said Governour & Company of the Massachusetts hath 
ordered the settlement of a town at Casco Errecting Fort 
Loyall thereon, disposed of house lotts for the furtherance 
& incouragement of the said Settlement, but for as much 
as the said Mary Munjoy doth lay Claime to a Neck of land 
lying about said Fort, the place Agreed upon for the s*^ town- 
ship but hath not entered upon any possession or improve- 
ment thereof Since the devastation made by the Indian 
War for the finall ending of all present disputes or after 
Controversies Claime or title to be had or made, by her or 
her heirs or Assignes or any of the heirs of her s^ late 
husband thereunto, It is Mutually Agreed Consented to & 
Concluded by & between the said Partys to these Presents 
as foUoweth vizt That the s^ Mary Munjoy for y® Consid- 
eration hereafter in these Presents Expressed Shall have 
retain & Enjoy the Easterly end of s'^ Neck of land where- 
upon her s'^ husbands house formerly stood, bounded by a 
Streight line from y® Mouth of A Runnet of water, on the 
Easterly side where m"" Cleaves house Stood & so to pass on 
to the old barn, on the top of the hill, & from the barn the 
Shortest line to the Salt water Excepting and Reserving to 
the said township & fort for the laying out of house lotts 
the lands all along the Southerly side of the said neck of 
land as far as the meeting house to Extend twenty pole, 
backward in length Reserving only twenty pole front for her 
own house lott Adjoyning to said Runnett Further that the 
said Mary Munjoy Shall have & enjoy the Island Called 
House Island which her said Late husband formerly Pur- 
chased of Sundry of the Inhabitants there And more the 
said President doth Yield & Grant unto her two hundred 



OF THE STATE OF MAINE. 411 

Acres of land upon the nearest of the Islands Adjoyning 
that Remain free & undisposed off in way of Exchange & 
full Compensation for the land herein after mentioned by 
her Released To have & to hold all the lands above men- 
tioned (with the Exception and Saving the liberty afore 
expressed, And the priviledges & Appurtenances thereto 
belonging unto the s*^ Mary Munjoy her heirs & Assignes 
to her & their sole use benefitt and behoof forever In Con- 
sideration whereof y*^ s'^ Mary Munjoy for her self her 
heirs Exec*" & Admin"^ Doth hereby freely fully & Abso- 
lutely remise Release & forever quitt Claim & doth resign 
up & Assign all her right title Interest Claim & demand of 
in & to the whole Remainder of the said neck of land unto 
y® s*^ Thomas Danforth Esq"" President in behalf of the 
Gov"^ & Company of the Massachusetts, their Successors & 
Assignes to be disposed of According to the present Settle- 
ment and by the said President To have & to hold the 
Same without the least Reclaime deniall let Suit trouble 
eviction or ejection of her the s"^ Mary her heirs Exec"" Adni 
or any of the heirs of the s*^ George Munjoy or any other 
person or persons whatsoever by from or under them or 
either of them In Witness wherof the abovenamed Mary 
Munjoy & Thomas Danforth have Interchangeably putt 
their hands and seals the day & year first above written. 
Sealed & Delivered /\ 

In the presence off Mary Munjoy AJ y 

Silvanus Davis/ \/ 

Joseph Townsend/ 

March 22^i 1682/3 These Articles having been read 

with the Magistrates thej^ do allow & Confirm the same 
their Brethren the Deputies thereto Consenting : 
March 24, 1682/3 Edw^ Rawson Sect/ 

The Deputies Consent hereto 

Rich'^ Sprage g Order/ 
4 book page 392 & 5 Entered and Recorded word for word 
in the General Court book of Records 

As Attests Edward Rawson Secry/ 



412 DOCUMENTARY HISTORY 

This Court doth order y* those lauds & Hands p* of 
ye Province of Mayne, conteyned in a writeiug made in 
parchm* hath been read & considered in both houses, be 
conveyed, in trust to y® Trer of y*' Country, for y® uses 
y^'in exp'"ssed, & y*^ y® seal of y® Gov' & Company be affixed 
thereto by y® Gov"* 

The magis*^ haue past this their brethren 
the deputies hereto Consenting 
31 March 1683/ Edward Rawson Secret/ 

Consented to by the Deputys : March. 31 : 1688 : 



Elisha Hutchinson g ord' / 



Petition. 

To The Hon'-d Genr" Court : 
The Humble Petition of Richard Wharton Shevveth/ 
That upon a former application and complaint to the 
Gener" Court they were pleased to referr y® matter com- 
plained of to a Committee of Magistrates and Deputyes 
whoe from the Evidence laid before them Reported their 
Sence of your Petition'"^ Sufferings by a Sentence of A 
Gener" : Court in May 1674 and Proposed means for Your 
Petitioners redress and Satisfaction Butt ffor short of said 
Report and Yo"" Petition®^ Just Expectations the Gener" 
Court ordered Your Petitioner a thousand acres of land in 
the Province of Maine but appointed noe Persons to lay 
out the Same Soe that the said Grant is both Scant and 
Ineffectuall Yet Your Petitioner being not willing to beare 
upon his Spirit the temptations that his Grievous Sufferings 
and Impendent changes may Suggest. 

He humbly prayes that the said Report may 
be reviewed and a reasonable addition made to 
former Grants & that Cap* Edw'^'^ Tyng m' 



OF THE STATE OF MAINE. 413 

James Andrews or m' George Peirson or Such 
meet gsons as any two of them shall appoint may- 
be ordered to lay out Such land as is or may be 
granted to Your Petitioner : And that in regard 
Your Petition'' intends to Interest his Son in 
said lands he may have the sattisfaction to see 
the result of this concerne being now ready by 
the first Ship to return for England 

And Yo' Petitioner 
Shall Pray &c. 

R<i Wharton/ 
In Answer to this Peticon the magis** Judge meete to 
grant the petitioner one thousand acres of land as An Addi- 
tion to his former grant menconed in this peticon to be laid 
out in the Prouince of Maine by Cap* Edward Ting & 
m' James Andrews so it be not prejudiciall to hinder a 
plantacon & for a finall Issue & Conclusion The magis** 
haue past this w^^ Refference to the Consent of their breth- 
ren the deputyes hereto : Edw^^ Rawson Secret/ 

The Deupt^ Consent not hereto 

William Torrey Cleric/ 
But to the end the pef^ former graunt may be made 
effectuall, This Court doth now order & appoynt that 
Cap* Edward Tynge m'' James Andrewes m"^ George Peirson 
Cap* Brackett & m'" Sylvanus Davis or any three of them 
lay out s*^ land & make returne, o"^ bono*"'' magist* Consent- 
ing hereto William Torrey Cleric. 

Consented to by the magis** E. R. S/ 
7 10: 83. 



414 DOCUMENTARY HISTORY 

Crrant to Tho^ Danforth ^ Samuel Nowell. 

At a General Court for Election held at Boston the 
7^'' of May 1684 

This Court cloth grant unto the hon^'^ Deputy Governour 
Thomas Danforth Esq^' President of the Province of Main, 
and to Samuel Nowell Esq'^' for their great Pains and good 
Service done by order of this Court in the expedition and 
several Journies to Casco, for which no Recompense hath 
been made them, an Island called Chebisco Dego, in Casco 
Bay in the Province of Main : Provided they take said 
Island in full satisfaction for all Service done referring to 

the settlement of the Province of Main to this day 

Copy Exam*^ by J Willard Secry/ 



G-rant to TF'» Stoiighton ^ Peter BulUey 3Iay 13, 168^. 

This Court do grant to W"^ Stoughton Esq"" & to Peter 
Bulkly Esq^ as a gratuito for their care & paynes in y® pur- 
chase of y** Province of Mayne, securing y® land to this 
Colony, for w'^'^ they have had no acknowledgm* One thou- 
sand aeon's of land a p^ to be layd out in any free place in 
said Province. The magis*^ haue past this their brethren the 
Deputies hereto Consenting, Edward Rawson Secre* / 
13 May 1684. 

The Deput* consent not hereto 

William Torrey Cleric/ 



OF THE STATE OF MAINE. 415 

Petition of Jeremiah Dummer. 

To the Hon^^^® Gen^^^ Court now sitting in Boston 

December 1683. 
The humble petition of Jeremiah Dummer Sheweth 
That Whereas yo"^ Petitio®^ ffather Richard Dummer 
dec^^ was wholey intrusted with the plow patent, and the 
mannagement of Sundry Concerns relating to the same, by 
vertue of a power derived from the patentees and therein 
disburst Sundry Summes of money and afterward, the 
s^ Patent being ordered home for England, the said Pat- 
tentees in Consideration of his the said Rich'* Dummer's 
trouble and Charge in the mannagem* of their Concernes 
about said Patent granted him Eight hundred and odd 
Acres of land which was laid out at Casco Bay, as by 
Evidences doe appeare 

Yo® Petitio® therefore humbly prayes that 
this hon®^ Court will please to Confirme 
the s*^ Lands to the heires of y® s^ Rich*^ 
Dummer with Such an addition as this 
jjQj^ebie Court sliall see meet : 

Soe shall he pray &c 
Jeremiah Dunier/ 

The magistrates do grant this Petition for one thousand 
Acres & do order that it be laid out by Cap* Edward Ting 
& Lieut* Ingerson with reference to the consent of our 
Brethren the Deputys 

Dec. 7«' 1683. Samuel Nowell p order/ 

(13 May 1684) 

The Deput^ doe not consent hereto but doe Judge that 
this case ought to be determined vpon the place where the 
pef vpon due proffe of his graunt may expect due satisfac- 
tion in this Case o' hono"^*^ magis*^ hereto Consenting. 

William Torrey Cleric/ 




416 DOCUMENTARY HISTORY 

Indenture between Tho^ Danforth and Capt. Edward Tyng 
and others. 

This Indenture made the 26*^ day of 
July Anno Domini One thousand Six 
hundred Eighty & four & in the thirty 
sixth year of the Reign of Our Sovereign 
Lord Charles the Second by y® Grace of 
God of England Scotland France & Ire- 
land King Defender of y® faith &c Be- 
tween Thomas Danforth Esq^ President 
of his Majesties Province of Mayne in 
New England on y® one party & Cap* 
Edward Tyng Cap* Silvanus Davis M"^ 
Walter Gendall \\V^ Thaddeus Clark Cap* 
Anthony Brackett m^' Dominicus Jordan, 
m"" George Brimhall & m' Robert Law- 
rence Trustees on y® behalf & for y® Sale 
use & benitfitt of the Inhabitants of y*' 
town of Falmouth within y*^ Abovenamed 
Province of Mayne, on y® other Party 
Witnesseth That Whereas y^ abovenamed 
Thomas Danforth by y® Gov*" & Comp^ of 
y*^ Massachusetts Colony in New England 
y® now Lord Proprietors of y® above- 
named Province of Mayne, Att A Generall 
Assembly held at Boston on y® Eleventh 
day of May 1681 ; is fully authorized & 
impowered to make legall Confirmation 
unto y® Inhabitants of y** aboves*^ Province of Maine, of 
all their Lands or Proprietj^'s to them justly Appertaining or 
belonging within y^ limits or bounds -of y® s'* Province 
Now Know all men by these Presents, That y® said Thomas 
Danforth Pursuant to y® trust in him Reposed & Power to 
him given as abovesaid by & on y^ behalf of y^ Gou"" & 
Comp^ of y^ Massathusetts Colony afores*^ Hath given 



OF THE STATE OF MAINE. 417 

Granted & Confirmed & by these presents Doth fully 
Clearly & Absolutely Give Grant & Confirm unto y® above- 
named Cap* Edward Tyng Cap* Silvanus Davis m'^' Walter 
Gendall m' Thaddeus Clark Cap* Anthony Brackett m^ 
Dominicus Jordan M** George Brimhall & m*" Robert Law- 
rence, Trustees as is above Expresst all that tract or Percell 
of land within y® township of Falmouth in s'^ Province 
according to y® bounds & limitts of s'^ township to them 
formerly Granted by Sir Fardinando Gorges Knight or by 
any of his Agents or by y® General Assembly of y® Massa- 
chusetts, with all Priviledges & Appurtenances to y® same 
Appertaining or in any wise beloning (All Royalties Re- 
served to his Majestic by y® Charter, Granted to Sir Fardi- 
nando Gorges Knight, As Also those by said Charter Given 
to y® s*^ S"^ Fardinando Gorges Knight his heirs & Assignes 
together with y® rivers Streams & Coves Contained within 
y® Limitts or bounds of said township Always to be ex- 
cepted & reserved) To have & to hold all y® aboues'^ tract 
of land by these Presents Granted & Confirmed, be y® Same 
more or less with all y® priviledges, & Appurtenances to 
y** same Appertaining or in any wise belonging (Excepting 
as is above Excepted & Reserved, to them y® s^^ Cap* Edward 
Tyng Cap* Silvanus Davis m'^ Walter Gendall m'' Thaddeus 
Clark Cap* Anthony Brackett m'' Dominicus Jordan m"^ 
George Brimhall & m"^ Robert Lawrence as Trustees aboves*^ 
forever, to y*^ only proper use & behoof of y® Inhabitants 
of y** s'^ town that now are, & to them that shall their Sur- 
vive & Succeed from time to time & forevermore hereafter, 
And y® abovenamed Thomas Danforth for & on y® behalf of 
y*^ Gov"^ & Comp* of y® Massachusetts Colony & for their 
Successors and Assignes doth further Covenant Promise & 
Grant, to & with y® above named Edward Tyng, Silvanus 
Davise, Walter Gendall, Thaddeus Clark, Anthony Brackett 
Dominicus Jordan, George Brimhall & Robert Lawrence, 
their heirs & Assignes Trustees, as above Expressed, That 
they y® s^ Edward Tyng Silvanus Davis, Walter Gendall 
27 



418 DOCUMENTARY HISTORY 

Thaddeus Clark Anthony Brackett Dorainicus Jordan, 
George Brhnhall, & Robert Lawrence Shall & may att all 
times, & from time to time forever hereafter, peaceably & 
Quietly have hold Occupy possess & enjoy all y® above given 
& Granted Premises without the Lett deniall or Contradic- 
tion of y*^ Gov^' & Comp^ of y® Massachusetts Colony or 
of any other person or Persons whatsoever Claiming & hav- 
ing any lawful right title or Interest therein or in any part 
or percell tliereof by from or under them y® s'^^ Gov*' & 
Comp'^ or by any of their Assigns They y® abovenamed 
Inhabitants of y*^ s'^ town of Falmouth for y*' time being 
& in Like manner that Shall there be from time to time 
forever hereafter Yielding & Praying in Consideration 
thereof to the Governour & Company of the Massachusetts 
Colony, or to the President of the said Province of Mayn, 
by them authorized and impowred for the time being or to 
other their Agent & Lawfull Assignee or Assignes, the quitt 
rent to the said Governour & Company due & belonging 
According to the Proposall made & Mutually Agreed upon 
att the General Assembly held in the above said Province 
at York June 1081 Viz' that they the abovenamed Inhabit- 
ants of the said town of Falmouth for the time being & in 
like manner that Shall there be from time to time forever 
hereafter. As An Acknowledgement of said Sir Fardinando 
Gorges & his Assignes, right to Soyl & Government do pro 
twelve pence for every Family where Single Country rate is 
not above two Shillings & for all that exceed the Sum of two 
Shillings in A Single rate to pay three Shillings p^ family 
Annually in Money to the treasurer of said Province for the 
use of the Chief Proprietor thereof, And in Case of Omis- 
sion or Neglect on the part and behalf of the said Inhabit, 
ants to make full payment Annually in manner as is above 
Exprest, & hath been Mutually Consented and Agreed unto, 
It shall then be Lawfull for the said President of the said 
Province for the time being or for the Agent or Agents 
Assignee or Assigns of the Governour and Company of the 



OF THE STATE OF MAINE. 



419 



Massachusetts Colony to levie and make distress upon the 
Estates of any of the Inhabitants for the time being within 
the Limitts and bounds of the said Township, as well for 
said Quitt Rent, As Also for all Costs, and Charges, Accru 
ing and arising upon the Same, And the Estates so levied or 
distreyned to bear drive or Carry away with so much as it 
shall Cost to Convey the Same to the Treasurer of the 
Province for the time being or to Such place as he Shall 
order & Appoint, In Witness Whereof the partys above- 
named to these Present Indentures have Interchangeably 
putt their hands & Seals the day and Year first, Above 
written 



Sealed & delivered by 
Silvanus Davis 
Walter Gendall 
Thaddeus Clark 
Dominicus Jordan 
in the presence of us 
Dauis 
a Scottow 



Silvanus Davis 

Walter Gendall 

Thaddeus T^ Clark oS 

Dominicus Jordan /j 

A true Copy Examined 
p J Willard Secry/ 



Sarah ^ Albert Jordan to Rich. Hunniwell. 

Know all men by these presents That Wee Sara Jordan 
widow and Robert Jordan of Spurwink Relict & son of the 
late Robert Jordan of the s** : Spurwink Clark Haue bar- 
gained sold enfeoffed & confirmed, & by these presents doe 
bargaine sell enfeoffe & confirme to Rich : Hunniwell for & 
in consideration of two Cowes & two oxen to the said Rob- 
ert Jordan delivered unto him before the signing and sealing 



420 DOCUMENTARY HISTORY 

hereof ten acres of fresh & salt marsh land being more or 
less scituated & lying in the said Towne of Scarborough 
and bounded as foUoweth viz With a brook called Moots 
brook Westerly with Blackpoint river southerly with the 
body of marsh belonging to and in the possession of the 
said Sara Jordan Easterly & with a little Creek according to 
a bound stake sett up between the said parcell of land sold 
to the said Richard Hunniwell & the rest of the laud 
Northerly 

To haue and to hold the said ten acres of land whether it 
be more or less according to the Umitts & bounds aboue 
expressed, together with all the priviledges, proffits & 
appurtenances thereunto belonging to the sole & proper use 
& behoofe of the said Richard Hunniwell his heires & 
assignes for ever, & the said Mary and Robert Jordan jointly 
& severally for themselues their heires Executors and admin- 
trators, doe hereby covenant & grant to & with the said 
Richard Hunniwell his heires & assignes, that they the said 
Sara Jordan & Robert her Son are & stand lawfully pos- 
sessed to their owne use & behoofe of the said bargained 
premises & appurtenances in a good perfect & absolute 
Estate of Inheritance in fee simple, & haue in themselues 
full power right & absolute authority to grant bargaine sell 
convey and assure the same in manner & forme abouesaid 
& that he the said Richard Hunniwell his heires & assignes 
or each or every of them shall and may for euer hereafter 
pleceably and quietly haue & hold the said bargained prem- 
ises with all the appurtenances free from all dowers incum- 
brances intanglements or molestation whatsoever either 
from them the said Sara or Robert Jordan or either of them 
or from their or either of their heires Executors or adminis- 
trators or from any person or persons by or from under them 
or any of them or any other person or persons whatsoever 
claiming any right or title thereunto. In Witness of the 
truth of what is aboue & confirmation thereof the said Sara 
Jordan and Robert Jordan haue hereunto set their hands 



OF THE STATE OF MAENE. 421 

& scales Made at Blackpoint in the said towne of Scarbor- 
ough the twentieth day of January in the yeare of our Lord 
1684. & in the xxxvi yeare of the reigne of our Soveraigne 
Lord Charles the ii*^ by the grace of God King of England 
Scotland france & Ireland &c. 
Read signed sealed & delivered mark of 

in presence of Sarah O Jordan (l s) 

Jeremiah Jordan/ Robert Jordan (l S) 

mark of 

John Z?fford/ 

2:8: 1685. this deed was acknowledged 
and done in presence of 

Josh : Scottow/ 
Just p. 



Agamenticus Division of Land Oct. 30^ I64I' 

In Performance of a Court order at the Peticon 
of Roger Gard & others as the same appeareth 
August : 1641 : 

The Devission of 12 ^^^ Acres of Land amongst the Pat- 
tentees of Agamenticus October 30 1641 : by us whose 
names are here subscribed./ 

6 Miles & 4^ long & 3 Miles broad make 12000 which 
being devided into 18 parts each parte will contayne 154m : 
which make ^ a Mile wanting 6 poole. / 

ffower of these parts putt together contayning 616 poole 
In breadth & 68 lynes at Nine poole by lyne make 616 poole 
2 poole over and above. / 

There is already layd out towards every of the fower 
parts 26 lynes & one over and above, Soe there is more to 
be layd out for every fowerth parte 42 lynes, & the salt 
Marsh ground- to be devided in the like maner 



422 DOCUMENTARY HISTORY 

A devision already of the Land below M' Gorges house 
on the Lower side of the Crick / 

Thomas Gorge Edw : Godfrey Roger Gard/ 
Recorded according to the originall by me Edw : Godfrey. 

Edward Crodfrey^s land Measured May 5, 16lj.If.. 

Memorancl the 5**^ day of May 1644 : We new 
Measured M"" Godfreys land from the Marked 
tree above the Trapp unto M' Norton's house, 
which is his bounds It contayning 154 poole 
betweene the s*^ house & Tree, & from these 
bounds he is to goe North East measured by 
M'' Godfrey & us whose names are underwrit- 
ten agreeth w"' the Originall 

Roger Gard/ 
Joseph Hull/ 
A true coppy of this computacon or divission 
above written transcribed out of the orignall 
& therewith compared this 10"^ day of June 
1667 

g Edw : Rish worth/ 
Re : fer : 
A True Coppy transcribed & therew*^ com- 
pared this 4*11 of October 1687 

g me Francis Hooke Just pea/ 



L' ACADIE. 

Page 7. 1686. N° 48. 

Meemoires generaux 

La coste de L'Acadie k destendue en prenant du passage de 
Frousac au bout Sud duquel est la baye de Chedabouctou 
Jusques a la baye frangoise et au bassin du port royal environ 
120 lieiies 



OF THE STATE OF MAINE. 423 

La baye francoise a neuf lieiies de largeur clii grand 
Menane a lisle longae et peut avoir 25 lieiies de profondeur. 

De Teiitr^e de la baye francoise prenaat a la d^ isle du grand 
Menane, tirant de vers Baston la coste depend de I'Acadie 
jusques a la riviere de Quinibeguy on S* George 34 lieiies. 

La d® coste depnis les Isles de Cameaiix jnsques an Cap 
de Sable a plnsieurs forts considerables de belles rivieres et 
particnlierement Chedabonctou Chibontou la heve et le 
port La Tonr an Cap de Sable, la mer est extrement fertile 
en poisson dans toute cette etendue et les etablissements 
ponr la pesche pins faciles et pins convenables qn'en ancuns 
autresendroits de toute I'Acadie, la terre est bonne a Ched- 
abonctou a la heve et an port la Tour, on la croit de meme 
par toute la coste, il n'y a rien a desirer ponr Fabondance 
de bois de construction et pour la masture. 

M de Easily estoit estably et fortiffie a la lieur comrae la 
plus considerable retraite et Iny et snccesseurs avaient cons- 
truit des forts en divers endroits qui out ete detruits tant 
par les Anglais qne par la guerre civile. 

Letablissement de la heur a este abandonn^ par le S^' de 
la Motte Dannay successenr du d' S'" de Razely et toute 
cette cote n'a presentement que trois habitations dont la 
plus forte n'a pas plus de trois families a la reserve des etab- 
lissements de la compagnie et de celle de Poubonioeur autre- 
ment la Tour dix lieiies du Cap Sable ou il y a cinq families 
composees de dixhuit personnes qui dans cette ann^e doit 
commencer a en faire a Chibouctou et a la heur. II y a 
apparence que la biensseance du bassin da Port royal a servi 
de motif a Tetablissement qui a 6te fait a la Bourgade qui 
3st la partie la plus reunie de toute la colonic avec les habi- 
tants qui en dependent au nombre de 70 families repandue 
dans cinq ou six lieiies de pays qui composentSOO personnes. 

II s'est form^ a I'endroit apell^ les Mines dans I'un des 
trois bassins le plus Sud qui soit au fond de la Baye fran- 
coise de habitations de la jeuuesse du port Royal au nombre 
de 150 personnes. 



424 DOCUMENTARY HISTORY 

II y a line habitation 'apelike Beaiibassin qui est au seign- 
eur cle la Valliere presque au milieu de I'lsme qui separe le 
golfe de S' Laurent de la Baye frauQoise separ^e seulement 
d'une lieiie de terre dans un pays Las sans rocbes, et tres 
facile a couper ou il y a 20 families faisant uombre de 120 
personnes. 

Les bords de la Baye fraiK^oise du cot(^ du Sud ne sont 
point habit<:3S et ne sont point practicables mais a la partie 
du Nort il y a quelque habitation commen9ant par la riviere 
de S* Jean qui est navigable environ 50 lieiies dans les 
terres, il y a trois Families a I'entree compos^es de douze 
jDersonnes, ou peut par cette riviere avoir communication au 
fleuve S* Laurent Vis-a-vis Tadoussac — 

Dixhuit lieiies de cette riviere terant de vers la nouvelle 
Angleterre est celle de S' Croix qui peut devenir considera- 
ble avec quatre families com poshes de Vingt personnes. 

Huit lieiies a ouest N. O. d'elle est Megesse avec douze 
personnes a I'isle apelike Archimagau, six lieiies plus Est que 
Pentagoiiet sont deux families compos^es de six personnes. 

A la riviere de Pentagouet est le S"" de Castin qui 
negocie avec les Sauvages et avec les Anglais, c'est un tres 
beau pays plein de ports avec trois bonnes rivieres, et il y a 
deux nations tres considerable dans les terres qui recounois- 
sent la france et sont ennemis des Anglais 

II y avoit un fort et une habitation a Pentagouet construits 
premierement par M. de Dannay de Charnisoy les S^'^ de 
grand fontaine et de Chambly out ^t^ ensuite et tout a 
et^ abandonn^ depuis Tinvasion des Anglais en 1665. 

Pour faire proffiter solidement ce pays qui est le meilleur 
de I'Acadie et qu'on peut dire le seul bon de la nouvelle 
France, du secours que le Roi a la bout^ de luy donner et 
des augmentaons que la compagnie peut faire et affin aussy 
de le mettre a couvert de I'insulte des Anglais qui ne 
peuvent presque subsister sans la pesche de la cote de 
I'arcadie, il paroit indispensable de faire deux forte et d'y 
travailler le plus tost qu'il sera possible, parcequ'on S9ait 



OF THE STATE OF MAINE. 425 

que les Anglois sout eu inquietude et out deja fait quelque 
mouvement depuis qu'ils ont apris que le Roy avait envoy^ 
du secours a cette colonie qui ii'a travaill^ que pour eux 
depuis la restitution qu'ils en ont faite en 1667. On pent 
faire une fort a Pentagoiiet dans I'endroit ou il y en avait 
un ou I'avancer a la riviere de Quinibiquy ou S* George et 
ce dernier paroist plus convenable parcequil conserveroit 
les Canibals et conperoit de plus pres par terre le chemin 
aux Anglois. 

Apres cela il semble qu'on doit songer seulement quant a 
present a assurer le port Royal comrae la capital de toute la 
colonie parceque cet endroit la met en surete, d'autant que 
la cote est trcs mauvaise dans le reste de la Baye frangoise 
Le coste est de I'ouverture du bassin du port royal voit 
toute I'entr^e de la Baye fran^oise et n'a pas plus d'un deni}'- 
quart de lieiie de large au passage qui seroit sous le mous- 
quet de sorte qa'avec une tour enferm^e dans un reduit de 
bassin du port royal seroit en surety ainsy que les habitans 
de la riviere du port royal et en quelque, sorte toute la 
Baye, ou n'estime pas la depense de plus de 2000, cens, ainsy 
il ne seroit besoin au port royal que d'un reduit de palissade 
pour enfermer les logemens du gouverneur de partie des 
soldats et les magasins et les effets des habitans en cas de 
de besoin ce qui pouvoit se faire aussy avec peu de depense. 

On croit quel seroit necessaire d'envoyer au moins soix- 
ante hommes d'augmentation. 

Endorsed Memoire sur I'etat de la situation et la dispo- 
sition en laquelle sout les habitans du pays de I'Arcadie. 



page 12. Accadie portefeuille 128. piece 30. 

Le fort dont la situation est command^e de tons cost^ et 
il y a quelques terres ass^ bonne pour mettre 
1. des habitans mais il n'y a pas de commodit(j pour I'eau 



426 DOCUMENTARY HISTORY 

2 L'entr^e du liavre est nne pointe D'Isle qui faut que 
les Navires renge en entrant a laquelle pointe une 
batterie sera fort necessaire avec trois pieces de Canon. 

3. Une Bature qui decouvre a demy maree 

4 Une autre Bature qui ne paroit qu'au grande mar^e 
tout a fait basse. 

6 Une Bature encore a I'entree de la petite Riviere 

6 Une prairie d'un petit quart de lieue de long entre les 

deux ances au long de laquelle les terres sont fort 
belles pour I'habitation. II y a aussi quantiti^ de 
Chesnes. 

7 Une terre plate ou il y a quantity de Chesnes fort ais^e 

a Cultiver qui faict i'embouchure de la riviere de 
Rameson sur les bords de laquelle on pent placer 
plusieurs habitans il y a aussi quantity de Chesnes 
et de beau bois ou y peut faire grand peche de bare, 
D'aloize, de Sardines, et de Casparot, et il y a moul- 
lages pour des navires. 

8. La pointe aux Chesnes laquelle n'est command^ 
d'aucun lieu ou on pourroit faire renfort qui garde- 
roit le passage de la riviere, la terre y est bonne, il y 
a quantitie de Chesnes et de haitres et a droit et a 
gauche II y a de bons havre pour les batimens et ce 
ne sont que des prairies 

9 Un fort de sauvage au bout du grand rapide aux en- 
virons duquel les terres sont fort bonne et il y a de 
fort beau bois pour toute sorte d' usage 

10. Saquaische qui est un fort de sauvage, ou il y a encore 

de fort bonnes terres et de beaux bois — 

11. Madahameouit grand fort de sauvage quils tiennent 

estre a moitie de quebec icy les terres y sont aussy 
fort bonne et il y a des Chesnes les plus beaux et la 
plus grande quantity du monde et grande peche 
d'anguille et toute sortes de poisson 

12. Une petite riviere qui le Communique avec celle de 

S* Jean en faisant un partage 



OF THE STATE OF MAINE. 427 

13. Une autre riviere qui prend son origine du lac du 
Sault de la Chaudiere qui est la droite ligne pour aller 
a quebec. 

14 Une grande Montagne ou il paroit la nuit quelque chose 

de si brillant qu'on le voit de fort loin les Sauvages 
m'ont dit quil y avait de 1 argent comme celuy duquel 
nous nous servons mais ye n'en ay pas pu avoir d'eux 
quelques choses que je leur ai peu promettre. lis 
disent que les lieux ou il est, est presque inaccessi- 
ble, ils m'en ont apport^ une espece de Cristal que 
j'envoie 

15 L'entr^e du lac par ou on pent aller Dans la riviere de 

Kenebique il ny a point par la d autre bois que des 
Chesnes les terres y sont fort plates et bonnes mais 
sujette a Innonder. 

16 Une pointe ou les terres sont fort ^bonnes laquelle est 

au bout du grand rapide que Ton esuit en passant a la 
gauche par un petit Chenal 

17 La maison de Quebiscint que les anglois avait com- 

mence Laquelle jay faict achever, et ou jay toujours 
en des gens pour empecher les anglois de venir dans 
la riviere II y a aux environs de fort bonne terre et 
point d'autre bois que du Chesne II y a grand 
peche de Saumon, d'Anguille et de Sardines et de 
toutes autres sortes de poisson II y a aussi quelques 
chutes d'eau propre pour des moulins a scye. 
18. une grand ances ou il y a de fort belle prairie qui 
n'ont point lesquelle on ne pent habiter il y aussi ou 
faire des moulins a planche et quantity de sapins pour 
cette effect et pour des matures. 

19. L'Isle aux noisettes qui est presque toute defrichde et 

ou on pent mettre quelque habitans 

20. risle Dieu ou il y a quantity de bonnes terres du 

coquillage et des Chicadins pour aider a subsister les 
habitans 



428 DOCmiENTAEY HISTORY 

21. Un passage ou oniguin pour aller a Kenibiqiiy a droit 
et a gauche les terres y sont fort bonne. 

22 Une grande ances sur les bords de laquelle il y a de fort 

belle matiere pour toute sorte de navire. 

23 Le Cap de la Chevre. 

24. L'entr^e de la riviere S^ George qui appartient au Roy, 

il y a au mettre quelques habitans qui feront la peche 
de Morue Comraodement Un fort y seroit fort neces- 
saire Estant le poste le plus voisin des Anglois. 

25. La Maison de Jean bron qui fait la limite des terres de 

la Majesty d'avec celles de la nouvelle Angleterre. 

26. Lance et I'habitation de Panicuit qui pent etre de 

douze ou quinze maison fort Ecartee 

27. L'entree de la riviere de Kenibiquy I'habitation pent 

etre de 26 ou 30 maisons aussy fort eloignees les unes 
des autres Les habitans font la un grand Commerce 
de planches et de Morues et beaucoup de truitte 

28 La riviere de Pescedona ou il se fait le raeme Commerce 

par les habitans que dans celle de Kenibiquy 

29 la riviere de Comitou a Tembouchure de laquelle il y a 

une grande habitation dont les habitans ne vivent 
que du revenue de leurs terres et leurs bestiaux 

30. Les Isles de Channes qui est le lieu ou il se faict le 

plus grand Commerce pour la pesche de toute la nou- 
velle angleterre 

31. L'Isle de Mahinguin ou il se fait encore grande pesche 

De Moriie par les habitans mais qui ne sont pas en 
sy grande nombre que Dans lautre ou a toujours pre- 
tendu quelle appartenoit au Roy cependant la chose 
na point Est^ decid(^e jusques hier 

32. L'Isle de Montonique ou on fait la pesche de Moriie pour 

la provision de Pentagonet 

33. L'Isle aux Renards ou il y a de fort bonne terre pour 

Etre habitde par des pescheurs II y a aussi de fort 
bons havre pour des Navires. 
34 L isle liaut 



OF THE STATE OF MAINE. 429 

35 L isle et le fort de Larchisnagam ou les terres sont fort 

bonne et ou il y a quantity de Chesnes et des prairies 
qui ninnonde point. 

36 Le clienal pour entrer par lisle haut qui est le plus 

seure et les isles aux loups marins ou on en pourroit 
faire pescherde sy il nestoit pas detruit par les sauvages 

37. les isles de la fouderie 

38 les isles de Plaisances ou on peut amarer les navires et 
faire grand pesche de Maru 

39. lisle des monts deserts. 

40 lentr^e du Chenal du sud est pour entrer dans la grande 

Riviere de Pentagonet 

41 Une petite Riviere ou il y a quantity de Prairie, et de 

bonne terre qu'on pourroit habiter. 

42. Un passage pour accourcir le Chemin au Ton porte le 

Canot Et ou les terres sont fort bonnes — 

43. Le Cap enrag^. 

44 Un sault ou on pourroit faire Deux ou trois moulins qui 
mondroit hiver et Ete Etant de leau de Maree 

45. Un petit havre pour mettre toute sorte de batimens en 

seurete et les faire hiverner 

46. Une terre platte ou il y a quantite de prairie et de 

terre pour habiter 

47. La Riviere de houestotagois ou il y a de fort bonne 

terre, et de beau bois de Chesne quantite de grand 
Coquillage et beaucoup de poisson 

48. La riviere D'araat^ ou il y a de fort belle terre dans 

L'embouchure Et de beau bois pour toute sorte 
d'usages 

49. Un Lac qui donne la Communication avec celle de 

S'*^ Croix et celle des Ethechemins ou il y a encore de 
fort bonne terre et des Chesnes dans rembouchure. 

50 La riviere de S*. Jean 

51. Une petite riviere qui se communique avec celle de 
Pentagonet en faisant quelque partage. 



430 DOCUMENTARY HISTORY 

52. Le Commencement du Cours de la Riviere S*. Jean qui 

prend aussi son origine au lac de sault de la Chaudiere 
ainsy que celle de Pentagonet et de Kenibiquy 

53. Le Sault de la Chaudiere 
5-i quebec. 

55. Labitation du Cap 

56 Labitations des trois rivieres 

57. le fort de labitation de Richelieu le lac et les Isles 

S* pierre 

58. le fort et les isles de I'assomption 
59 le fort et le lac S* Louis 

60, le fort S'*' Th^rese 

61. le fort S*. Jean 

62 I'entree du grand lac de Champlain — 

63 le fort de S* Anne 

64 Une riviere qui se va rendre au montreal 

66 Un rapide qui fait la separation du lac de Champlain 
et avec celui du S*^ Sacrement. 

67. le lac S*. Sacrement qui va a soixante lieiies pres des 

hiroqois 

68. Un grand lac dans les terres. 

69. une riviere pleine de rapid qui se rend dans celle de 

Pescadona 

70. Un chenal pour entrer dans la riviere de Pescadona du 

Coste Du sudouest 

71. Une autre chenal qui n'est pas scur que pour des Canho 

parce qu'il y a quantit<^ de bature qui ne decouvre pas 

72. Un Chenal encore que n'est pas scur que pour des 

petits batimens ny ayant pas fond deau. 

73. Une pointe sur la petite riviere ou il y a quantity de 

sapins pour la Mature, de fort bonne terre pour habi- 
ter quantity Danguille et de toute sorte de poisson 
Endorsed. Description de la Riviere et Terre de Penta- 
gonet et lieux circonvoisins. — 



or THE STATE OF MAINE. 431 

Page 70. Vol. 1. 

20 Octobie 1643. 

Nous soussignes Relligieux Capucins de lordre Seraphiqiie 
de nostre pere S*". fraiicois missionaires en la nouvelle france 
Certiffious a tons ceux quil apartiendra que le 6^ d'aoust 
1643. les Anglois liabit(^z, a la graude baye pays de la nou- 
velle Angleterre, accompagnez de Monsieur de la Tour qui 
leur servoit de guide avec ses gens, sont venus faire descente 
en cette habitaon du porte royal avec quatre navires, et 
deux fregates armds en guerre, Et ont blessd sept des 
hommes de Monsieur d'Aunay gouverneur, et lieutenant 
general pour le roi en la coste Faccadie, fait un prison nier, 
et tue trois autres d'un desquels ils ont traine dans le feu d'u 
moullin qu'ils ont brul^, avec un autre qui y estoit deja, aprds 
les avoir tellenient mutilez, qu'ils netoientpas connoissables, 
lors que nous les avons Est^ lever pour les Inhumer, de plus 
ont Tue quantity de bestiaux, Et pres une barque charg^e de 
pelteries, poudres, et autrees denrees apartenantes a Mon dit 
sieur d'Aunay, laquelle venoit de son fort de pentagonet, Et 
ont Eaimen^ un horame de L'equipage, qui etoit dedans le sus 
ditte barque a la grande bale, ou nous avons apris par ceux 
mesme, qui sont Echapez de leurs mains, quils vendent et 
achetent les fran^ois qu'ils peuvent attraper pour Ten servir 
pour Esclaves, Ce que nous voions ruiner entierement la 
Colonic, que mon dit S*". d'Aunay a commanc^ d'Etablir au 
port royal, et autres lieux de la coste d'Accadie Et Em- 
pesclie la conversion des sauvages, Et des cette ann^e 
mesme nous Eussions Este Contrainte de renvoyer dans les 
bois ceux, que nous avons deja baptises. 

II eust Estd le dernier Effort qu'a fait mon d. *. Sieur 
d'Aunay ce qui ne pent qu'il s'arrive d'autant qu'il ne pent 
plus fournir aux Excessives despenses qu'il lui a fallu faire, 
pour rembarrer les efforts de Sus d* Anglois, qui depuis 
Sept ans Font toujours harceld, desorte quil faut que lesem- 
maire des sauvages, que nous avons sort aussy bien ruin<^ que 



432 DOCUMENTARY HISTORY 

la colonie francoise. Si nostre boii Roy toujours porte et 
attentif a une actions de pietd et qui conserve L'honneur de 
sa Couronne ne donne des forces, a men de Sieur d'Aunay, 
affin de poursuivrelesgenereuxdesseins, quil a de chasser ces 
malhereux heretiqiies Etranges Ennemis de la vraye religion 
qui n'ont fait que trop Connoitre a toutes occasions et 
speciailement dans cette derniere quils n'ont d'autre dessein 
que bannir les francoise Ensemble avec la relligion catho- 
lique apostolique et Romaine, meme de perdre les heureux 
Commenceinens de la conversion des pauvres sauvages se 
servant a cet Effet du sus d*^. S*". de la Tour tres niauvais 
francois, et beaucoup pere qu'eux par la vie scandaleuse et 
lieretique que mene luy Et ses gens allons au presche 
lorsqu'il estoit a la grande baye Et permettant dans son 
propre navire que les heretiques fissent hautement prieres 
publiques en la presence d'un relligieux Recollet, ainsy que 
nous avons apres d'un soldat du d^ Sieur de la Tour bless^, 
et deraeurd prissonnier entre les mains de mon dit Sieur de 
L aunay, Et en outre se rendant lacliement Esclave des sus 
dits Anglois, et marchant sous leurs pavilions, Toutes les- 
quelles choses nous assurons etre veritables, En foy de 
quoy nous avons signe cette presente attestation dans I'habi- 
tation du port royal, ce 20®. jour d'octobre 1643. Sign^ 
f. Paschal de Troyes pred^' Capucin Miss""^. et Sup^. sus dl 
f. Cosme de Mante pred^'. Capucin et Miss*'^. 
f. hypoUite de brou pred"". Capucin et Miss*'®. 
f. didace de Liesse Capucin lait Indigne 
f. Cosme de Senlis Capucin lait tres Indigne 
f. felix de Reims capucin lait Indigne 
f. Joseph de S*. Jean de lut. Capucin Indigne lait 
f. felix de troyes Capucin lait Indigne. 



or THE STATE OF MAINE. 433 

page 8Jf. 

Lettre Ecrite par le Conseil de Luback en 1351 aux Com- 
misionres de la Nouvelle Angleterre. Exp^*' 

Messieurs II y a deja quelques ann^es, que Messieurs de 
Easton nous ayant proposd de lier le Commerce entre la 
Nouvelle france et Nouvelle Angleterre, le Conseil etabli 
par sa Majesty en ces pays joignit ses reponses aux lettres 
que Monsieur notre Gouverneur en avoit escrit en vos quar- 
tiers dont la teneur etoit que Volontiers nous souliaifcerions 
ce commerce. Et ensemble I'union des coeurs et des Esprits 
entre Vos Colonies et les Notres, mais que nous desirions en 
menie tems entrer en une ligne offensive et deffensive avec 
Vous Contre les Iroquois nos Ennemis qui nous Empeche- 
roient ce commerce, oil du moins le rendroient moins 
avantageux et pour vous et ponr nous. L obligation qu'il 
nous semble que vous devez avoir a reprimer rinsolence de 
ces Sauvages Iroquois qui tueut les Sokoquinois et les abna- 
quinois Vos alliez ; et En outre la facility que Vous pouvez 
avoir dans cette guerre En nous y prenant, Comme il faut, 
Sont deux raisons qui nous out Invite a poursuivre cette 
affaire avec Vous dans Votre Cour des Commissionaires. 
Nous avons supplie Monsieur notre Gouverneur de Vous en 
ecrire oSiciellment. celle cy est pour joindre nos diligences 
aux siennes, Et pour vous assurer de la dispositions de nos 
Coeuri et de tout ceux de la nouvelle france pour ce Com- 
merce avec la nouvelle Angleterre, Et pour les desseins de 
cette guerre contre ces Iroquois qui doueut etre nos Com- 
muns ennemis: Outre le S^^. Driiillettes qui cet liiver a deja 
commence de negocier pour cette affaire. Nous avons <^t^ 
bien aisd qu le S^". Godefroy Con*'"', de notre corps ait etc de 
la partie Le merite de ces deux deputez nous fait esperer 
une lieureuse issiie de ce dessein lis sont charges des pou- 
voirs necessaires pour cet effet Je veux dire tant pour 
Noiier efficacement le Commerce Entre Vous et Nous que 
pour vous Soulager des Depences quil sera necessaire de 
28 



434 DOCUMENTART HISTOEY 

faire pour la Guerre dont est question contre les sauvages 
Iroquois. Nous vous suplions cle les Ecoater et d'agir 
avec Eux Corame vous feriez avec Nous dans la franchise 
qui est naturel aux Anglois autant qu a Nous autres fran- 
9ois Nous ne pouvons douter que Dieu ne Benisse et Vos 
amies et les notres puisquelles seront Employees pour la 
deffense des sauvages Chretiens tant vos allies que les notres 
Contre ces barbares Infidelles qui n'ont n'y foy ni Dieu n'y 
aucune justice en tout leur precede comme Vous pourrez 
Fapprendre plus au long des d S^'^ nos deputes qui vous 
assureront du desir sincere que nous avons que le Ciel aille 
toujours Benissant Vos provinces et vous comble des ses 
faveurs Messieurs, fait en la Chainbre du Conseil Etably par 
le Roi a Quebeck en la nouvelle france ce Vingtieme de 
Juin mille six Cent Cinquante Un, et est marquee signee p. 
le Conseil Et au dos est ecrit a Messieurs Messieurs les Com- 
missaires des provinces Unies de la nouvelle Angleterre Col- 
lationn^ a la minutte trouvde aux hasses de I'ancien Conseil 
par moy Con®'', secretaire du Roy et Greffier au Conseil 
Souverain a Quebeck soussignd signe Penusee avec paraphe. 



Nomination de 31''. De G-odefroy pour traitter avec les 
Commlssaires de les Nouvelle Angleterre. 

Extrait des registres de I'ancien Conseil de ce pa3^8 

Du vingt**™*^ pour de Juin 1651. 

Le Conseil assemble a neuf heures du matin ou ont assist(i 
M'^. le Gouverneur le R. Pere Superieur M''. de Mauxe de 
Godefroy et Mencil sur la proposition faitte au Conseil touch- 
ant certaine rescriptions faitte par M'"^ du Conseil en I'annee 
1648. Mess'"^ les Commissionnaires des Etats de la Nouvelle 
Angleterre a ce qu Union fut faitte Entre les Colonies de la 
Nouvelle france Et la nouvelle Angleterre pour faire le 



or THE STATE OF MAINE. 435 

Commerce par Ensemble. Le Conseil voulant satisfaire a 
leiir demande, a fait et fait Nomination du S^' De Godefroy 
I'lin des Conseillers du Conseil Etably par sa Majesty en ce 
pays pour se transporter avec le R. Pere Drliillettes en la 
d"^ noiivelle Aiigleterre Vers les d SV! Commissionaires pjur 
traitter et agir avec Iceux suivant le pouvoir a Eux donnee 
par i\r"^ du Conseil dont Copie est Inser^e a la liasse 
Comme aussy Copie de la lettre ecrite aus d. S""* les Commis- 
sionnaires de la d® nouvelle Angleterre par M""* du Conseil 
Et quant aux marchandises aport^es par Un nomm^ Thomas 
yost sur I'assurance et la bonne fai du R. Pere Driiillettes, 
le Conseil a deliber^ quil seroit envoy^ au devant de luy et 
ce pour lu}^ designer lieu ou II pourra livrer Icelles, Et ce en 
son terns signe Penuset avec paraphe, Loiiis Dailleboust 
Lieutenant general pour le Roy et Grouverneur de toute 
& Salut ayant ^te pri^ et sollicit^ tant par les sauvages Chre- 
tiens dependans de notre Gouvernement que par les abena- 
qinois deraeuraus sur la riviere de Quinibeck et autres lieus 
alliez, De les proteger Contre 

I'incursion des Iroquois leurs ennemis comrauns, ainsy 
quil avoit 6t6 ci devant pratiqud par le S"" De Montmaguy 
notre predecesseur en ce gouvernement, Et nous ayant de 
nouveau Rencontr^ que toutes leurs Nations s'en alloient 
etre entierement detruittes sy bientot nous n'y aportions les 
remedes, Nous pour ces Causes Et pour le bien de cette 
Colonic et suivant les ordres particuliers qui nous ont 6t6 
donnez de la port de la Reyne Regente Mere du Roy De 
proteger les Sauvages contre leurs dits Ennemis avous 
depute et deputons, Et de Tavis du Conseil Etably par le 
Roy en ce pays et d'aucuns des plus Notables habitants Les 
S"^! Gabrielle Driiillettes Predicateur de I'evangile aux 
Nations sauvages Et Jean Godefroy I'un des Conseillers du 
dit Conseil Embassadeurs pour Eux En vers IVP"^ de la nou- 
velle Angleterre pour traitter, soit avec M^'^ les Gouverneurs 
et Magestrats de la Nouvelle Angleterre, soit a la Cour 



436 DOCiraiENTARY HISTORY 

general de Commissionnaires et cleputez cles Colonies Unies 
pour le secours d'hommes, de munitions de Guerre et de 
bouche pour attaquer par les lieux les plus propres et 
Commodes les dits Iroquois eomm'aussy pour convenir des 
articles qui seront estimez necessaire pour assurances de ce 
traitt^, Et pour accorder aus d. S""^ de la nouvelle Angleterre 
le Commerce quils ont souhaitt^ de nous par leurs lettres 
de I'annee 1657. avec les articles clauses et conditions quils 
verront y faire de besoin, attendant I'arriv^e de FEmbas- 
sade que nous envoyerons de notre part pour ratiffier et 
arreter en derniere fin ce quils auront accorde. Si Prions 
tous Gouverneurs Lieutenans generaux Capitaines et autres 
de laisser iibrement passer &c. Collationne a la minutte 
trouvee en liasses de Fancien Conseil par moy Con®' Secre- 
taire de Sa Majeste et Greffier en chef au Conseil Souverain 
a Quebeck sous signe Penuset avec paraphe. Collationne a 
quebeck ce 12. 9^^^ 1712. 

Vaudreuil 

indorsed. 

P. Lettres du Conseil de quebec aux Commissionnaires 
de la Nouvelle Angleterre resultent du d*'. Conseil et Com- 
mission de M', Dailleboust a L ambassadeur 1651. 



Page 118. 

Sur les expeditions des Anglois en Accadie 
Memoire de I'Estat present de L accadie pais de la nouvelle 
france. Portefi« 128 piece 28. 

De vingt deuxieme novembre dernier 1664. Les Anglois 
de Baston en la nouvelle angleterre vuirent 3^ forcer une 
petite place scituee au lieu nomm6 Mirliquech terre de la 



OF THE STATE OF MAINE. 437 

heve dans laquelle place ils donnerent par surprize sur les 
onze heures de nuit, et mirent main basse sur tout le monde 
et les vivres marchandizes et munitions de guerre au pillage 
ensuite ce retirerent au Port Rossignol ou ilsy ont scitue une 
petite place pour garentir les pesclies cedentaires quils ont 
estably a la dite coste de I'inquietude qu'avec toute equitd 
Ion leur pourroit cauzer, 

Les francois quils ont pris cet annce ils les ont expos(^s en 
vente, et d'autres quils ont deliberd moyennant quils sig- 
nassent sur un registre quils ne porteroient plus les armes 
au d*^ pais contre la nation angloise et qu'au cas qu'ils y 
contrevinsent quils se desclaroient eux mesne digne de mort. 

Ils ont envoye du dit lieu de Baston une fregatte desclarer 
aux navires pescheurs frangois quils payeront des cette 
prochaine ann^e le dixi^me de leur peche celon les loix 
d'Angleterre. 

Les dits Anglois ont raz^ les forts de S* Jean et Port 
Royal et transports soixante deux pieces de Canons qui 
etoient dans les dites deux places au dit lieu de Baston. 

Dans le dit lieu de Port Royal il y a pres de soixante dix 
a quarte vingt families francoises lesquells y sont establies 
depuis cinquante ans et quy ont bien pres de quatre a cinq 
cens enfans ne natifs au dit pais auxquells Les Anglois ont 
declare depuis quatre anois quils eussent a ce dispozer de 
repasser en france I'annee prochaine ce qui ne leur est pas 
peu sensible d etre oblige d'abandonner leurs travaux depuis 
un cy longteras. 

Les dits Anglois esperent s'emparer cette annee de toute 
TAceadie celon ce quils ont decrare aux navires peclieurs 
lesquels intiuiidds de leurs meuaces ont peine a se resoudre 



438 DOCUMENTARY HISTORY 



o >, <B ^ y aller qui est uii negoce considerable 
a 3 I la coste de Taccadie etant incomparable- 



ment plus considerable que la Riviere de 
^ ^'i quebeck a cause de sa peche et quelle est nav- 



es a 

" u m goo 

1-2 o ||- 

g 2 CO ^ "2 t: 

^ ^ s § - g liable en toute saison de I'annee sur laquelle 
^c " 1^ i i lesdits Anglois out encore euipiete cet annde 

S '^ -s 2 coo pres de soixante lieues qui est bien loin de 

|3^oso-g-s-^_ 

^moi^«°^ restituer les terres usurnees cy devant. Et 

^ = •? I ^ -^ S '3 - r . 

•3 ipi; ^ i: c 2 '^ sv sa Maieste vouloit comniettre deux cens 

w^l^aSo® hommes soubs la conduite du nommd Du 

^2g^^l§§ Coudray, I'un de ces Lieutenants an dit pa'is 

o -2 'I 5.^ S •^ S avec leurs pave et subsistance lesquels il 

;^^f&l|i| joindroit a ceux quil a au fort Du Coudray 

cc S '3 jj .ti s .2 ':! , . • • 1 1 T T 

o £*;;;; o g s 2 o" au dit pais li se proraet par le moyen dudit 



aSSip-S^o renfort et des habitudes quil a on dit pais 



1^ S £ ^ « d o 



S £ > ? s p 

„ _ ^ .. 3 ^ ^ „ depuis treize annees quil y est assidu de 
"^aggslsl rendre la coste libre aux navires francois d'en 
^i^l^'H s-^S faire retirer les Anglois et de secourir les 
o i ^ I = i '-S ^ sus dices families oppress^es enfin d'empecher 
Eiis>2"t| les dits Anglois de metamorphoser la nou- 
u~'Z^ «s s^ |velle france en nouvelle Ecosse comme ils 

•3 M iJ 3 5 o 

pretendent. 

Memoire de I'Etat preseut de I'acadye pais de nouvelle france Donue par le 8. Coudray 
le 23 novembre 1665. 



page 122. 

No'^^^ 1667. 

La Compagnie des Indes. Occidentalles. 

Sur ce qui nous a represents par le Sieur Nicolas Denis 
Ecuyer de present en cette ville de Paris qui des Tan nee mil 
six cens cinquante trois, I'ancienne Compagnie de la Nou- 
velle France luy auroik donnde et Concedd toutes les Terres 
et Isles scitudes depuis le Cap de Canceaux jusques au Cap 
des Rosiers au dit pays de la Nouvelle france, Laquelle con- 



OF THE STATE OF MAINE. 439 

cession aiiroit estd Confinii(:3e par lettres patentes de Sa 
INIajestd du treutie® Janiver Mil dix ceiis ciiiquaute quatre 
avec pouvoii" au d' Sieur denis de donner et de partir telle 
part des d* Terres quil aviseroit tant aux sujets de Sa 
INIajest^ qui sy habiteroient quaux Originaires du d* pays. 
Mais d'autant que les d* Terres soiit Comprises dans Testeii- 
diie des pais concedes a la Corapagnie par I'Edit de son 
etablissement du mois de may mil six cens soixante quatre, 
lequel revoque toutes les concessions qui auroient este 
accordees auparavant Le d* Sieur denis nous auroit requis 
de luy vouloir Confirmer et entend que besoin est ou seroit 
donnes et Concedes de Noiivean les d^ Terres et Isles avec 
tons les privileges, droits, avantages Clauses et Conditions 
portees dans la dite premiere Concession et Lettres de Con- 
firmation dicelle afin de luy donner moyen de Continiier a 
entretenir les Etablissements quil a formes et maintennes 
dans les d* pays avec beaucoup de soin et de depenses. A 
Ces Clauses Nous Directeurs et Generaux de la d® Com- 
pagnie reconnaissant combien il est Important pour le bien 
de la Religion et augmentation des Colonies de la Nouvelle 
france que cette partie soit Incessament peuple's de sujets 
qui puissent travailler au defrichement et Culture des 
Terres. Avons au nom de la d® Compagnie Confirmd et 
Confirmons Et autant que le besoin est ou seroit Concede et 
Concedons de Nouveau au dit Sieur denis Ses d^ terres au 
Isles en toute propriete et seigneurie aux charges portees par 
la d® Concession de I'ancienne Compagnie de la Nouvelle 
france scituees comme dessus depuis le Cap de Canceaux 
Jusques au Cap des Rosieres avec tons les privileges droite, 
avantages Clauses et Conditions portees dans la d** Conces- 
sion et Lettres patentes de Confirmation d'icelle, et a condi- 
tion expresse que le d* Sieur Denis Fera passer au dit pays 
pendant dix annees a chacun dicelles Cinquante personnes 
de I'un et I'autre sexe pour le peupler et cultiver Et en cas 
qu'en quelques annees II n'en puisse Faire passer le d' 
nombre II le remplacera Fannee suivante jusques a nombre 



440 DOCUMENTARY HISTORY 

parfiiit bien entendu aussy que ou le d* Sieur denis envoy- 
eroit en Uiie aunee Un nombre excedant Cinquaiite per- 
sonnes ce qui se trouvera au dessus tiendra lieu pour I'envoy 
quil seroit oblig^ de faire les annees suivantes a faut de 
quoy les Terres qui ne seront lors occupees seront reiiuies 
au domaine de la d® Compagnie qui en poui'ra desposer 
ains}^ que bon luy semblera, Sans que le d*^ Sieur denis y puisse 
pretendie aucune seigneurie n'y propriety, Lesquelles Con- 
ditions out est^ acceptdes par le d* Sieur Denis En foy de 
quoy Nous avons Sign^ ces presentes Icelles fait contre signd 
par le secretaire general de la d® Compagnie et Icelles des 
armes d'jcelle, a Paris le Neufierae sour de Novembre Mil 
Six Cent soixante sept Sign^ Brochamisl, Berthelon, Dali- 
bern, Thomas Landais et Plus bas par Mes dite Sieurs Les 
directeurs g'lai^ Daulis et scelle de cire Rouge. 



Survey of land for Richard Seacomh. 

By virtue of a Warr* from his Excel'^ S^" Edmund Andross 
Kn** Cap* Gen^^^ and Gouer® in Chiefe of his Majesties Terri- 
tory and domminion of New England bearinge date y® 6 day 
of octob'" 1687 to me dyrected haue Surueyd A Certaine 
parcell of Land for Richd Seacomb Cittuated and Beinge in 
3'^ Towne of ffalmouth in y® prouince of Maine wheareone 
hee Now Liueth and hath made Large Inprouements theare- 
on and is bounded one y® N E with Land purchassed by John 
Smith one y* S W with Back Coue W with James Ross N W 
with Lands Claimed by a Towne Grant of John Browne ; 
Raynging from a heap of Stones or A Certaine Stone att 
the S E Angle by y<^ Watter Side N W twentie Eight 
chaine to A Crick Side Called Secombs Crick then S 
64*^. Westerly 30 Cha: to y® poynt att B.ack Coue and 
from thence by y® Coue as itt Runs to the S E wheare ffirst 
began Contt fiftie fower Acres then from y*' N W side of 
y® Crick Raynging: N. W. 80 Chaine to y® fifence of John 



OF THE STATE OF MAINE. 441 

Browne y" S W 6 Chaine to A Burch Tree then S E 79 
Cha : to ye Crick Contt 48 Acres y" whole beinge on hun- 
dred and two: AcFs together with A parsell of Massh Lyinge 
Neare Back Coue att A place Knowne by y^ name of y^ ffressh 
niasshes and is 10 Cha Square: Eueryway: bounded one 
ye E N E with vpland of John Browne N W with vacant 
Lands N^ with Joseph Otwell : S W with vacant Lands and 
Contt 10 Acres which is Certefyed g me 

Rich Clements Dep Survey V 
Examined g Phillip Welles Surv""/ 



James RusselVs Claims. 

To all whom it may Concerne 

James Russell of Charlestowne claimes these Seuerall 

parcels of Land in the prouince of Main which are hereafter 

Expressed viz/ 

In p"^ One Island in Casco Bay comonly called Long Island 
w'''^ John Seers Sold vnto m'' Isack Walker of Boston 
in y® Year 1655 as appears by record & deed as Also, 
sd Walkers Sale to my honored ffather RichO Russell 
Esq'' to whom I am Executo"^ y^ Island is bounded 
or described in the deed thus y® Wester End lyeing 
to Huswife Sound y® other End to y® No: East reach- 
ing to Luxton s Sound. 

2'^ly A plantation y® said Walker bought of ffrancis Small 
& sold my aforesd ffather w^^ lies in Casco Bay ouer 
Against Clabboard Island w*'^ was formerly possessed 
by John Philhps & others & was bounded by y® East- 
ward to y® Coue goeing down to y*^ Lands Towards 
Henry Webbs & to y^ West w"^ by y® Two Saw pitts 
w"*^ are farthest westward w*'*^ Eastward & West w*^ 
bounds or to run vp y® great Swamp beyond y® W\\\ 
According as y® creeks go. The Two parcells above 



442 DOCUMENTARY HISTORY 

mentioned were confirmed to mee by the Generall 
Court in May 1683 as apears by their Records where 
y® deeds are Entered. 

S^^ly A parcell of Land y* was Mortgaged to my aforesd 
ffather by m^" Hugh Gunnison Anno, 1654 being at 
Kittery on y^ No : East Side of piscattaq^" in y«* County 
of Yorke w'^^^ was deliuered to mee by Execution in 
August 1678, and has Since been in my possession 
w^'i containes twenty one Acres three quarters &, 
twenty poules As apeares by A plat of y"^ Same & 
is bounded partly by y« great Riuer & by Crocket s 
Neck, by Spruce Creek by Crocket s Coue & partly 
by Majo'' Shapley s Land. 

Dated in Charlestowne Aprill 12*1^ 1688 \ 

g Ja : Russell/ 



Report on Mrs. Phillip's claim 

In Pursuance to An Order of Councill bearing date y® 
twelfth day of July One thousand Six hundred Eighty Eight 

I have Viewed and Examined all the Papers and Writings 
that M^'^ Phillips hath Delivered For and Concerning her 
Pretentions to the Land on Saco River and Do find as 
folio weth. 

That the Councill for the Afaires of New England in 
America by theire Certaine deeds Under the hands of Rob- 
ert Warwick E George S"^ Ferdinando George and Thomas 
Smith and the Como Scale of the said Councill bearing date 
the twelfth day of February one thousand Six hundred 
twenty nine they did give Grant Enfeof and Confirme unto 
John Ouldam Richard Vines theire heires and Assignes all 
that Part of the Maine Land in New England Caled Swack- 



OF THE STATE OF MAINE. 443 

adock Lying and Being Scittuat betweene the Cape or Bay 
Commonly Called Cape Elizabeth and the Cape or Bay com- 
only Called Cape Porpus Contayning in Breadth from North 
East to South west along by the Sea four miles in A 
Straight Line Acounting One thousand Seaven hundred and 
Sixty Yards According to the Standart of England to every 
Mile and Eight English Miles up in to y® Maine Land of 
the South Side of the River by Swackadock after the Same 
Rate from the Sea Through all the Breadth with all the 
Shoares Creeks Bayes harbors and Coasts Alongst the Sea 
within the Limitts Aforesaid with the Woods and Islands 
Adjoyning to the Said' Land not being all ready graunted By 
the Said Councill Yielding and Paying unto Our Soveraigne 
Lord the King One fifth Part of the Silver and Gold mines 
& also Unto the Said Councill of New England and theire 
Successors and Assignes the rent of On« Shilling Lawfall 
Money of England for Every hundred Acres &c// 

I do Also find that the Above named Richard Vines by 
his Certaine Writing under his hand and Seale Bearing 
Date y® Last Day of September one thousand Six hundred 
fourty five did convey and Sell unto Robert Child Phisicion 
his heires and Assignes all that Parcell of Land on y® South 
Side of y** River Swackadock Alias Saco in the Province of 
Maine as is Said in the Above Graunt but find No Convey- 
ance from said Child or from any Under him So Cannot dis- 
cover that the said Phillips hath any Title to the Land 
within y® Limitts Above Specified. 

Ja : Graham/ 



Survey of Land for Ro¥ Elliot Esq. 

By vertue of a Warrant from His Excell^^ S"^ Edmond 
Andros K* Cap* Generall and Cheif Governo^ ouer his 
maj'* Territory and Dominion of New England Bearing 
date in Boston the 20*^ ffebruary 1687 haue surveyed and 
Layd out for Rob* Elliot Esq"^ as foUoweth viz 



444 DOCUMENTARY HISTORY 

A Certaiiie farme Cituate lyeing and being at the Village 
of Dunston within the limmits of the Towne of Scarbrough 
in the province of Maine beginning at the Corner of a Cove 
by the Eiver Side and from thence Ranging 186 W 6 Chaine 
to the Corner of the same ffence and from thence W S W. 
two Chain to a Black Oak marked and from thence W. 100 
chaine to a maple tree And from thence N. 15 Chaine 31 
links to a maple and from thence Est 100 Chaine to a stack 
by Shawes Gutt side. And from thence as the said Gutt 
Angers Crick & River Runns to the ffirst Station and as 
bounded on the North, by John Palmer, on the South by 
John Austin : At the head with Vacant Lands on the East 
witli the River Cont, One hundred ffifty and two acres of 
Vpland and Sixty three acres of Salt marsh. 

2'y Annoth'^ ffarme lyeing and being at Blew point In 
the same Towne and province Beginning at the stake placed 
by the River side from thence Rangeing in length W. 85 
Chaines To a Hemlock tree marked which Standetli by a 
Brook Side and from thence in Bredth North 19 chaine to 
a Great white Oak. And from thence East 85 Chain To a 
Stack by the River Side and ifrom thence as the River Runs 
to the first Station and Is bounded west with a Brook on 
the north with philip ffoxwell, South with the Claim of 
Dunkin Sheward on the East with the River Cont One 
hundred and sixty one acres and a half of upland and 
Twenty acres of Salt marsh in all 161i Akers. 

o^y A parcell of Salt marsh lyeing at Blew point begin 
ning at a Certain Rock, and from thence S. b E. 23 cha. to 
a pitch pine w'^'^ Standeth near the Sea Side and from thence 
W b S i S^y 15 chain to a stake and from thence N W. 
37 chaine to a pitch pine and from thence Est 36 Chaine to 
the first Station bounded on the South with a Slip of Up- 
land by the Sea & on the North & East with Vacant upland 
East & west with Vacant Marsh Cont 65 Acres i and 8 
Roods 



OF THE STATE OF MAINE. 445 

4^y Another parcell of ffresh Marsh lyeing at Mill Crick 
at Dunston Cont. two acres and is Called the Round about 
all being Surveyed according to the magnet by me 
vpl'^ 292 acres Rich<^ Clements Dep* Survey 

150J marsh 

4^y A Small Island of ffresh massh Called y® Round 
About Lyinge att Mill Crick att dunston Contt two Acres 



Letter Rich. Clements to Philip Wells Aug. 15, 1688. 
W Wells 

Sir/ I haue Sent you M'* Eliots Returns which Are pro- 
tracted b}^ A Smaller Scale y'^ my fformer by Reason y^ other 
wass distant from me He will pay you : one pound thirteen 
shillings= I this day heard from M"" Galle : S' 

I sent his Retturns four monthes Agoe — M^ John browns 
John Smithes & James Ropes all in one plot of Large paper 
if one be Lost they are all :// but How Ever I haue y^ Same 
in my Genarall plott : Not Else att p'^sent but Rest 

You"^ humble Serut 

to command — 
Aug* Ib^^ Rich Clements/ 

1688 black poy* 

S'" Since y® fformer wass writt I heard some thinge of 

y® discource y* m"" Andrews had with you I ordered him to 
pay you thirtie fower shillings which wass your due but I 
beliue he offered you nothinge it beinge Late in y® Night 
I had not time to wright trustinge to his honest word but I 
suppose hee did not render you the money but since he hath 
made A trul)le in tellinge y® people y*^ theaire Retturne will 
not pass & y* Som are Lost I Know of noe Retturn since 
my Last Cominge but you weare ordered money by those 
y* weare Cappable to pay itt this will occation my Cominge 



446 DOCmMENTAKY HISTORY 

to boston before I' cann finish my Gen^"^^ plott: & shall giue 
you An account of Eurye pertiqular I hau bine thought fitt 
to be intrusted with a greater Consirne then this Altliough 
now not & am veary sorrey your oppinion is No better 

of me. R C : [Superscribed] 

To M"- Piiillip 
Wells Sirue}'^' Genar^' 
att Boston 
e sent// 



Testimonies of Joseph Graves, Mary Grraves ^ John Mutter. 

Sudbury y® in New england being the Place 

3 January 16 1| & Day the Deposition refers unto. 

The testomonies of Joseph Graues seni"" aiged 46 
yers or thear abouts 

And of mary Graues aiged thirty yers or thear 
abouts and of John Rutter aiged 40 years Witt- 
nesseth that Solomon thomas Indian Being att the 
house of Joseph Graues : wee heard said Soloman 
thomas Say That when y® fight att the East ward, 
should bee: if the Indians had the better of itt 
as : the English did retreate y® friend Indians wear 
near to shoot them downe 

but if the inglis gett the day wee say nothing. 
2^y that in the spring french and Irish would Com to 
Boston as many and all one as Indians for that 
was the first plase that was to bee destro3^ed and 
after that the Countery tonnes would bee all one 
nothing. 
Sly That the Goverriour had Given said Solomon a 
booke that was better then the bible and all that 
would not turn to the governor reledgon and owne 
that booke should bee destroyed/ in which booke 



OF THE STATE OF MAINE. 447 

hee the said thomas said was the pictur of our 
Savior and of the virgen Mary and the twelve 
apostls and the governour says when we pray 

wee pray to the virgen Mary, and when the fight 
shoold bee att East ward the governor woold sit in 
hisWigwam and say o braue Indians this and 

much mor may bee said. 

Joseph Graues Mary //y Graues Johnv/Rutter 
her marke. his marke. 

When wee had made this presentation to Justes 
Bullevant and hee had parused it hee said a par- 
sell of felows had devissed a parsell of lys and had 
fathered them on a pore Indean and soe lidgiat 
& m*" Randolph Grayham and Brokvs coming in 
and after examination they Commited mee Joseph 
graues to prison, noe bayle would bee taken all- 
thoug three hundred pound baile was profered — 
and when said graues came to the prisson hee de- 
sired hee mait stay in the prisson house that night 
but one hundred pound bayle would not bee taken 
butt hee must to y® Comon Joyle 

Next day Joseph graues Joseph moore Ems and 
John Rutter weare Comanded to the House of 
Coll Page and aftar Exsaraenation wer commanded 
againe to Joyle every man appart not suffered to 
speke one with another 

Two days aftar being called forth againe two of vs 
wear freeid vpon one hundred pound pr man : and 
giving seven shill six penc pr man : for wrighting a 
l)ond/ and Joseph graues and Jn'' Rutter Being 
appointed to Judg palmer the next day when wee 
had gotten bonds men according to law the 
wrigliting of our bonds Cost vs one pounds seven 
shill & six penc pr man. Said Graues sending 
word to Judg Dudly why wee mait not 



448 DOCUMENTARY HISTORY 

Com out as cheape as the other two hee sent mee 
word if wee had com out when the other did wee 
mayt butt now we shovld not wheare vpon said 
Graus sent word to Judg pahner that hee Could 
Easuer \j in Joyle till the Court then give soe 
much mony to be relesed becacus hee was a pore 
man — 



Sudbury in New England 

th 22: th March 1688 
Thomas Browne aiged 

sn"^ aiged 54 yers or John Goodenow 

John Grout Sn' yers or 

Jonathan Stanhope aiged 57 yerr or 

John parmenter 50 yers or theare abouts Witt- 
nesseth that wee heard John James Indian of 
his owne volontary mind say that the govornor was 
a Rouge and had hired Indians to kill y'^ English 
and in particular had hired Wahoway to kill 
English men and that y*^ Governor had given said 
wahoway: a Gould ring which was : His Commis- 
sion which Govld: ring: said wahoway Sovld to 
Jonothan Priscutt for two shillings in mony: whear 
vpon wee replied Sirrah you desarve to be hanged 
for what you say wliear vpon said John James 
againe replied, what you papish all on Governor 
I speake itt before Governor very safe 
Thomas Brown John Goodenow sn'^ 

Jonathan Stanhope John Parmenter/ 

Wee whose names are aboue written haueing receved this 
declaration from John James, we thought it our duty forth 
with to informe authority and did with the Indian : pres- 
ently apeare att watertow before Justis Bond whear the said 



OF THE STATE OF MAINE. 449 

John James did volentarily give His owne Testemony to 
said Jiistes bond/ which after hee had Taken Justes Bond 
ordered John Goodenow and Thomas Browne and the In- 
dian to make theare appearence forth with eather Beefore the 
governor or one of the Councill which accordingly wee did. 
when wee Came to the Governors house aftar long waiting 
in a very wett and Could night wee wer admitted into the 
Governors presenc whear wee wear detained till aleven or 
twelve of y*^ clock in the night and aftar a very vnkind 
treat we humby j)raid his Excellency to pleas to discharg vs 
of the Indian but hee tould vs no : and Joked vs and said 
wee wear a Cupple of braue men and had the Command one 
of a troop of horse & the other a Company of foot and could 
>vee nout know what to doe with a pore Indian : further hee 
asked vs what mony wee gaue y® Indian to tell vs such nuse 
and Commanded vs still to take care of thee Indian still 
vntill his plesur was to Call for vs again and thus as wee 
would answer itt Thus being severly Chiddne out of His 
presenc wee wer forsed with the Indian to seeke our quar- 
ters whear wee could find them, next morning wee weare 
preparing to Goe horn again to Sudbury being twenty miles 
or moor beeing Satarday wee wear again by a messenger 
from y^ governor Commanded with our Indian to wait on 
the governor which we did and waited att the exchange 
from nine a clocke in the morning till thre aclocke or fover 
in the aftarnoone whear in the face of the Con try wee wear 
made to waite vpon the Indian with many Squibs and Scofes 
that wee met with all. 

Att last wee wear commanded vp befor the Governor & 
his Counsill whear wee wear exzamened apart over and over 
and were about the Setting of the Sonn, wer granted leaue 
to goe home Beeing the eueing befor the Sabbath 

Thomas Browne/ 
John goodenow/ 
29 



450 DOCUMENTARY HISTORY 

The next miinday following Jacob Moor Joseph Granes 
Joseph Curtis Joseph Moore Obacliah Ward wear by y® 
Sherif fetched down and aftar exzamenation Jacob Moore 
was commited to close prison Joseph Moor Joseph graues 
Joseph Ciirtes & obadiah Ward wear sent home againe 
paing to y® shrefe twelve shill. pr man 

Joseph Graues Joseph Curtis Jacob Moore/ 

And the next Munday morning following the Shrif and 
his deputy sn*' Came vp to Sudbury and Commanded : 
Thomas Brown John Goodenow John Grovt sn"" Jonothan 
Stanhope John Parmenter forth with to appeare att boston 
att the House of Coll page Butt being a wett and Cold day 
wee wear detained att the House of Judg Dudly s aftar long 
* waiting had the kindness Showne vs as to haue an exzame- 
nation every man appart befort Judg dudly Judg Stoughton 
m'" Gray ham and other whear wee were bound over to 
answer at the nex Superior Court to be holden att boston 
what should thear bee objected against vs vpon his maj*'*'* 
acompt. 

Thomas Brow John Goodenow sn'" John Grovt si"" wer 
bound in three Hundred pound bond par man and each man 
two Surtis in three hundred pound a peece John parmenter 
Jonothan Stanhope wear bound in one hundred pound a 
peece 

Thomas Browne John Goodenow 

Jonathan Stanhope John Parmenter/ 

Beesids y® lost of our time the Reproch and Ignomeny 
Bonds and Iraprissonment that wee pore men haue ben the 
Subject for no other cans in the world that we know of but 
becase wee had discharged the parts of Honest and Loyal 
Harted men/ wee shall onely take the boldness to give a 



OF THE STATE OF MAES^E. 451 

tru accompt of what monis wee wear forsed to Exspen out 
of our own purses which is as followeth 
by the Sheref & other nececary charges 

£ S £ s 

Tliomas Browne 02 00 Jacob Moore , 03 00 

John Goodenow snr 02 00 Jonotliaii Stanhop 00 15 

John Grout snr 00 10 John parmenter 00 15 

Joh Rntter juur 03 05 Joseph Graues 03 15 

Joseph Curtis 17 



Letter Joseph Prout to the Goif <f CounciL 

To the Honored Governor and Councell 

ffrom On board the Ship Orang Tre at ffalmouth 

Haveing but a minute or two of time now to write, the 
vessell being at Sayle by whome I now Send, Thought it my 
duty to give you an account of what I have noated down 
from an Indian Prisoner now on board this Ship, w*='^ was 
taken at Pemaquid it being an examination taken before 
Cap* Davis who is now here present, The Cap* of the Ship 
Seems to be much Concerned for the Good of the English 
here, and for that end came in heither, he is not yet deter- 
mined in his minde whether to leave the prisoner here or to 
bring him to Boston. 

Our Soldiers here begin to Inquire for Cloathing Shoes & 
Blankets, and if you think good to allow them sum thing 
Suteable to make Straw beds, our Captaine desires y* some 
Swan Shot may be Sent, here is wanting about 6 iTi of 
Shingle nayles to cover the Stoar room in the fort also a few 
Single & duble board nayles, also a paire of Smiths Bellows, 
Also I would request your Honors to Intemate to me what 
allowance of Rum the Soldiers must haue, as yet I have 
allowed them a pint among Six men for each daj'^ they are 
upon a March, they Expect the Sam while they be Still 
being tould by some here present that the Cuntry allows it, 
please to give me orders what to do in that case, Our pork 
is most part of it Spent, please to give me order to Impress 



452 DOCUIMENTARY HISTOEY 

some Cattell or rather Send Suteable effects to purchase the 
same w*'^ I suppose will be cheaper so to do. I suppose 
Cap* Phillips can Inform what goods are Suteable for this 
place, please to Excuse my rude brevity in haste reraayn 

Your Honors humble Serv* 

Joseph Prout/ 

Septemb'- y^ : IS*'^ 1689 
Hono^d majo' in obedianc to yo*" ordar in our vessells and 
with our fuell and by our Labour one of the indion cap* 
Danils Company s had their ffoode dresed in our hous 
wliearby we ware preuented of doeing any bussines but 
sarueing yo"" ordar the which we did both of us for six days 
and my demand is if you think good l^-6^>pr day the which 
amounts to 0*-9^-0 for mele which they had for thickening 
thair broth f a bushell 0-1-0 

for salt- ' 0-0-6 



Boston Septemb'- y^ 13 to y^ 19 Dito 1689. 
Acomp* Debf 

ffrom Mage^' Church to y« Worshipfu" Mag^' Richards & 
Doct^ Cooke for & in y« behalfe of ye Countery 
Impe^'Y/^pO 6 English Inferrior Offi-' 
X sers Constant besids other 
visiters dressing their Diett 
Lodging & Board j 

ffo : 64 of Cap* Vmpassis Indeons & 34^ 
of Cap* Amos his Indeons Dressing 
their Diett & seurall other trouble in j 
said Affeares J 

to one Bushell Indeon Meale of s'^ Ace* 00 : =02 : = 00 

j02 =02 = 00 



£ s , d 

} 00: = 10:=00 



.01: = 10:=00 



OF THE STATE OF MAINE. 453 

From Major Swayne Es'^ if 2^ SepV 1680. 

Winter harber Salco: Sep*'^ y^ 20^'^ 1689. 
Honr'^ Sirs 

after respects to your Honours, these are to give your 
selues to understand y* this day my selfe and y® officers in 
Coiilission with vs and some of y® Gentlein of the place: 
takeing a survey of the fort att Salco ffals, and the lament- 
able exposed Condetion of y® Inhabitants, as also vnder- 
standing y* y® Governour & Convention had promised thirty 
Soldiers for the releife of y® place of which there is but 
nine, considering also what bennefitt y® fort may be of: 
not only to y* place but y^ places y'" abouts do intreat y* 
there may be a party of about twenty or thirty able men 
more ~ y* so y* fort may be maintained for it is A place 
worth y'^ keeping (in it selfe) besids y® other circomstances * 
y® man y* belongs to y"" place promiseth to returne thether 
with his famaly If there be but any Considerable strength to 
keep it, nought Else but your Honours Humble 

Serv* Jer : Sweyne/ 
there is not only y® Saw mils but a very Good 
grist mill and there is not an other hereabouts, 
besids it is their present frontier : ~ pray pleas to 
lett m"^ Sarj' haue a speedy answer for we aprehend 
it ver}'- momentous 

" ffor the Honoured 
Governour and Councill 
of the Massathusets 
CoUany 

Sitting 
in 
Boston " ~ 



^^^ DOCUMENTARY HISTORY 

7br 21st 1689 A Liste of the men that was slaine in a 
fite att ffallmoth & all soe how many was wonded in 
said fight. 

of Captt^ halls sowldes 
Thomas Burton! 
Edward Evens . _, 

6-^ Thomas Berry [ ^^ ^^f ^^^^^ 
John Mason 
David Homes 



2 j Griles Row to the forte 



of Cap** Dauis Comp: 
( Giles Row 

\ Andrew Allger of the Towne 
f an Indian 

( an Nagro of Colo Tyngs 
, 1 — Cap" Brakett Careied away or slaine ■ 

11 

Wounded men 
6 Indians — friends 

of Silv* Davis Comp. 

f James freese second^ 
^ J M^ Bremhall I 



Tho : Browne 
\^m^ Pallmer 



J 



10 Wonded 

11 Slaine 



21 Totell slaine & wonded 



OF THE STATE OF MAINE. 455 



Letter Sllvanus Davis to the aov"- ^ Council. 
fforte Loyall 7^^ 22*^^ 1689. 

Honoi*^^'® Gentlemen 

I am sensible (with all svbmision to yo'^ Honours of yo'^ 
Grate Care in sending Releife to our poore Distressed prov- 
ince as allso nothing Can bee more tak'en Notice off then 
thoes Grate smiles of providence that God Allmighty shoold 
soe order it that the worthy Maj' Church & his sowdiers 
Both White & Blacke theire Arrivell should bee Juste in 
svch Time of Necessity the winde & weather Affording him a 
happy passage all so his Exceeding Ready Willingness and 
Willing Readiness to serve their Majestyes in this interprise 
& Grate zeale in Defending vs) & offending the Enimy to 
his vttmost strenght <&; power Juste Then Landed from sea 
(Being beyond expectation) for on the 20*'^ of this Instant 
Late in the Affternone hee Landed him selfe & Immediatly 
went on boord the Duch shipe to discorse the English 
wooman that thay had Rederaed from the Indians that by 
discorsing said wooman hee might know the Enimys proo- 
sedings the better to know what methods to Take in the 
p^shute of the Enimy Late in the nighte hee Landed his 
men that thay might not bee discovred in thaire Landing = 
on the 21*^ wee had an allarm in the morning by vertve of 
about twelve firings on Cap" Bracketts plantation the enimy 
ware discovred wee marcht out & Ingaged them about six 
houers a fierce fight - forced them to Retreate & Judge many 
of them to bee slaine thaire number being Grate Judged to 
bee betwixt 3 & 4 hundred & thare was Grate firings on 
Both sides the Enimy as thaire Custom have bin Adventred 
hard to Gett ,of thaire slaine & was harde in thaire Retret 
throw a swampe to Cut downe peesles to make protections 
to Carey them of) wee had soom men slaine & soom 
wonded which yo'^ Honors have a perteculer accop" of) 
had on-- fforces knowne the Ground & sufRciant svpploy of 
Ammonition (ou'^ AUarem being early in the morning & 



456 DOCUMENTARY HISTORY 

thaire Landing Late ouer night wee had Don more Execv- 
tion on the Enimy) But nothing Coold bee more Don & 
expected then the worthy majo'" & Coraanders performed 
both in persons & Comandes all soe the exceding willing 
nesse both of the sowldiers & on'" Inhabitance in this 
Attacque is to bee 'acknowledged a grate and vndeserved 
mercy gentellmen jo^ Care for vs wee Thanke & hope that 
as you have vndertaken this Interprise you will pross- 
ecvte it with Gods assistance to effecte in subduing thoes 
whoe are the Grattest Enimys to God his Cavse vs & ou'^' 
l^eaceable settlement I Have noe more at p^'sent aquante yo'^' 
Honor's Take Leave to svbscrib my selfe 

Yo^' Honors moste Humble sarvant 
Silvan us Davis/ 
ou"" sowldiers in the forte are all moste naked it Grevfs 
raee to here them Complayne. Espeshially in the night 
when thay are vpon Duty 

ffalmouth !'>' 22*^^ 1689 
To The Honored Gov*" & Councell 

These are to Signifie that it will be needfull for us to have 
a Speedy Supply of all things Nessecary for the Supply of 
our Army, We Shall want another Chirurgeon besides hime 
that is alredy here, his hands being full at present full with 
those men alredy wounded, and it will be needful for one to 
March w*^"^ the Arm}'-, It being my present Intentions to 
march out after the Indians as Soon as wee can understand 
w*''^ way they are gone. It will be Nessecary also that wee 
have a Supply of Some Spare arms, as also a p'" of Smiths 
Bellows, and Some Stoar of Smaller bullets, we might have 
done more Execution upon the enemy yesterday if we had 
Sizable Shott and better powder, I do expect a Speedy & 
full Supply of redy made cloathes as wastcoat drawers Coats 
&c and also a good quantity of red & white cotton & duffells, 
& two or three hundred paire of Shoes of all Sizes fitt for men, 
As for the Minester of this place I am well Satisfied with 



OF THE STATE OF MAINE. 457 

him, he being present with us yesterday in the fight, and 
wheras his present maintainance from this Town by reason 
of tliier poverty, is not enough for his livelihood, he haveing 
not for a long time reed anything considerable for the time 
past, in so much that he had thoughts of removeing befor I 
came, but I shall Encourage him to Stay promissing him an 
allowance from the publique Tressury for what Servis he 
shall do for the Army, I am also pretty well Satisfied w*"^ the 
Chirurgeon w*''^ is here, and hope you will Send a Supply of 
Medesen & cordialls Sutable, that as our men are like to 
Indure hardship & hazard whilest abroad I would not have 
tliem want any thing Suteable for thier reliefe, I must 
request your Honors not to faile of Sending a Supply as 
well of what I have mentioned as also of what your honors 
may think Needfull for the Supply of our army that Soe our 
designe against the Enemy may not faile for want of what 
is Nessecary, w^*^ w*^ my humble Servis to your Hono*% is all 
the Needfull from Gentlemen 

Your Honors humble Serv* 

Benjamin Church/ 



Joseph Prout to the Crov^ ^ Council. 

Falmouth 1^^ 22^^ 1689 
To the Honored Governor and Councill 

These are to Signifie that I reed your 

Honors Letter g m"^ Aldens, g* of the 

a pr of Smiths bellows goods & pro vissions I ha vc alredy 

^^^ reed on shore, the rest are yet on- 

coats breeches board, being hindered yesterday by 

Wastcoats drawre r> t i- (■»> , i 

biaukets rcasou 01 ail Ingagem'^ w^*^ the 

Small bniiets Indians, conccming w*''^ Shall refer to 

letters from such gsons who have 



Swan shot 

Some better powder 



a good quantity morc Icassure to Write then my Selfe 

* °*^ "^* hath, all the duffells was delivered 



458 DOCUMENTARY HISTORY 



out among the Indians before it came 
on shore by the Majors order, as also 
all the cottons was delivered among 
the Indians yesterday, & this day all 
the Shoes among the Indians and 
Some of the English, and that by 
the Majors Speshall comand as also 
all the Stockings, except half a doz 
p*" of Shoes and Stockings w*^'^ I have 
privately reserved for Some who are 
in most present want, here is great 
want of cloathing among the Soldiers, 
as blankets coats, wastcoats drawrs, 
as also Some beds or Crocos to make 
Straw beds, for I fear our wounded 
men do Suffer for want of warm 
lodging, and those who are well do 
expect Some thing of lodging for 
them, (to keep them well), most of 
the bullets as yet come to hand are 
musket bullets Smaller are more 
wanted, great wast is made in our 
hurry for want of a due care in those 
who put up what is Sent in not direct- 
ing by mark and Number where to 
finde what is Suteable, great part of 
this Saboth is like to be Spent in 
makeing musquit bullets into Slugs, 
I hope your Honors will Send a 
Speedy Supply of what is needfull, 
I have written to m *' Tho Michelson 
at Saco desireing him to Signifie his 
wants, w*^ a promiss to Supply him 
w*^ what I have in Stoar but I doubt 
here will be but little left by such 
time as I receve his answere, it is not 



OF THE STATE OF MAINE. 459 

possible for me at present to Keep 
any thing in my hands w*^^ the Sol- 
ders wants, for the Major Commands 
a Supply for his Soldiers as far as it 
will go. I shall not farther Enlarge 
Saveing to noat in the Margent the 
Severall Wants at present in minde 
& Subscribe my Selfe your Honors 
humble Serv* : 

Joseph Proutt/ 



" From Majo"- Church Re&^ 24*^' of Sept. 1689:' 
Honor*'i''e Gentlemen 

I Canot but acknowlig Gods Grate Goodnes in Giuing 
shuttable winds & A quick pashage for the Arrivall of my 
selfe & forces at this place which I hope will by Gods bless- 
ing, proue for the Glory of his Grate Name theire Majestys 
Intrest. & the Releife of thes Pore Distresed peopell 
Amongst whome I am Come thes Come to Aquaint 
yo*" honours that I ariued at this Towne of fallmouth upon 
the 20 of this Instant in the after noone whare I landed my 
seelfe : Keeping my men as Close on Boord as possoble that 
thay might not bee Discouered b}^ the Enemy my selfe being 
Landed i found Good Cap" hall with his men in Good 
health as allsoe the Inhabitance manifested thaire Grate Joy 
of my Ariuell by thaire Redy Assistance for our suply which 
was more then ordenary upon such a sudden Arivell the 
same night I Landed our men it being late 1 had not time 
to fitt ou"" sowldiers many of them very much ought of Case 
not beeing uss^d to the Sea in the night I Cawsed Cap**^ 
Dauis to Conuene the Commity togeather to Consider what 
saruis might bee of most use vpon the presente Expedition 
for the Intrest of the Country & Destruction of the Enemy 
as uery early iu the morning : I sett Abought fiting our 



460 DOCUMENTARY HISTORY 

sowldiers with Amonetion & nessecarys for A march but in 
the midst of our bisnes before halfe of our men Coold be 
Sarued all though wee used all spede posible we Receued 
An Alarem by the firing of about 12 goons att Captt Brack- 
etts faraime hee being Gon thathir Early hardly known 
by any of his Going: wheather we marched away with all 
speed both English & Indians Both Commanders & Sowl- 
diers & the Inhabitance of the Towne with an ondanted 
Corrage Soom Difficulty wee had to Geat to the place by 
the Reason the wallter was up that our men ware forsed to 
wade ouer a Cricke wharebj^ the Enemy had Grate Aduan- 
tage against us we Receued many uoleys of shot from them 
before ou^ sowldiers Coold Gett ouer said Crick besides the 
many fences that the enemy had for thaire shelter & thaire 
number being Grate as Judge by many betwixt 3 & 400 
from said fences we Receued Showers of Shoot as haille but 
ow"" Sowldiers Both English & Indians being not on a 
quainted with the manor of Indian fitting (A i must Confes 
I haue not met with a harder Charge from anny Indian En- 
emy then from thes at this time) as soone as ouer said Crick 
our Sowldiers sheltred them seleus as well as thay Coold & 
Charged the Enemy with thundring pealls of shoot many of 
the Enemy was sen fall but thaire number being Grate thay 
ware seen hall thaire slaine away in the prosecution of 
which many more of them ware shot downe & more Came 
to do the Like saruice Loste thaire Laifes the fight heald for 
About 6 or 7 hours from first to Laste we Beate them away 
into A swamp near the place whare we fought our men 
being much tired newly Com of the Sea & fastting we war 
not in Cappasety to pershew them in to the Swampes & Con- 
sidring thaire Grate number we only kept our Ground our 
peopell sending after them valeys of shott & Shouts with Ac- 
clamations of victtory & wee ware answred from them only 
with silence : it is known that thaire waire A grate many of 
them Kill d & woonded by seing them fall & all soe the 
Tresses of the blood whare thay had halld them away wee 



or THE STATE OF MAINE. 461 

Lost some men of oii"" Sowldiers & the Inhabitance & some 
woonded as p* Accomp* List we haue Grate Cause to Giue 
Glory to the God of Aremeyes whoe Giues Corrage in the 
day of Battell for naither Death woonds nor numbers of the 
Enemies Did at all Discorage our Braue Commanders nor 
Sowldiers but all with bowld Coorage & undanted Resolu- 
tion prosecuted the fight & the Lord of hosts apered for our 
deliuarance Considiring thaire Grate numbers the most Dis- 
aduantages place to us & our Being very on Prouided for 
such a sudden assalte I am not to forGet the Corage of the 
Lihabitance of this Towne tliay marched ought valenterely 
with the first maintained the fight with the best & marched 
of with the Last behauing them selues Like men willing to 
defend thaire Country as in all Battalls thaire Are soom 
apinted for the soord soe in this we Lost some & otheres 
wounded but I hope most of those that are wonded if not 
all by the Blessing of God may Recouer in the Euening wee 
Got hom our woonded & had them well tended & allsoe Got 
home our sltyne Drawd all our sowldiers to Geather nere 
the fort whare wee had M'^' Ralphe Return thanks unto the 
Lord for our Deliuarance & in Giuing us Grate Cause to 
Acknowlig his Goodnes that in our first enterprise hee 
would soe smile upon us & fight for us as to make the 
Enemies fley before us all Glory bee to his Grate name 
whare as your honours was pleased to Give a Good Car- 
rectour of Capt Dauis I doe Asshure you it is what he 
desarues for i do find none soe Redey with all diligence 
withought any warrines day & night to sarue the Country as 
all soe wee Receiue dayly Kindnes from him & his & still 
thay say wee are hartely Wellcom he haue ben & is still a 
uery Great Listrument for the uphowlding these parts his 
Care is much for the woonded men & I must neds say for 
all men according as to what I finde I haue wright in an 
other Letter to you'' honours that wee may not want full 
supploys for our Sowldiers as clothing & what may bee 
nessery for them that thaire may bee noe Cause of Com- 



462 DOCUMENTARY HISTORY 

plaints Amongst us & by the helpe of the Lord wee shall 
not be wanting to hazard our Liues to the uttermost in this 
Good Cause wee haue Ingaged vpon, shoold wee wante such 
nesseserejs as are fitting for sowldiers as wee are Surcom- 
stanced in a Cowld Country nere the wintere the Enimi 
Round aboute us it may Cause the Lose of many of our men 
I hope your honours will Remember the Cry that Did Ecoa 
the Last winter from Pemequid & ought of the willdernes 
home to Boston from the poore Sicke & Deying men for 
Releife the Lord Keepe such Creyes from the Middest of us 
if I haue Intruded to much vpon your patianoe in present- 
ing you with these Lines i was willing in my first to Giue 
you^' honor a full accop* how stood matters heare & for 
the futer shall Indeauor more Breauety & att present desire 
to bee Excvsed with my Due Respects I subscrib ray selfe 
your Honou''s 

Humble sarvant 

Benjamin Church/ 

I woold not have any Discoriged in that \%ee Lost soom 
men i Dowte but they paid fife for one wee Intend to folow 
them Hoping to have full sattisfacttion b}' thaire vtter 
Destrvcttion which God Grant in his Due time & Giue vs 
harts to beleue & Trvste in him for the victtory/ 

22''' at night a cowucill held in .order for a march before 
day in Debatting the matter ou^ friend Indians Answered 
thay ware much Discoreged viz thay say thay finde that 
which was promised them is not perforemed first not Cloth- 
ing & othr nessereys 2'^ not finding the men & forses that 
was promissed to raeete here & the enemy being Numeros & 
very Desparat soe i was frvstrated of what I did in tend 
& what I shall doe except more fforses bee sent very spedily 
i know not: Cap" Willard is not Com here as itt I Have 
sente a Letter to him But noe Answer from him I Here his 
men will not Com if I had more men when wee had the fight 
by Gods blessing wee might have Destroyed the enemy at 



OF THE STATE OF MAINE. 463 

once for it is Reported by the Engl is Cap" ife that they had 
brought thaire Squass & Children with them 

Benjamin Church/ 

" Thes 
To the Honord Simon Brodstret 

Gouerner 

att Boston 
p'-sent " 



Letter from Silvanus Davis. 

forte LoyallT^.^-: 26'M689 
8 a Cloke morning 
Honore<i S"^ 

about Tow ouers After my Letter was seald vp a post 
Came from Blacke powinte Giues accomp* that yesterday 
about 30 or 40 of the enemy Attacted m*" ffoxwells Garison 
att Blwu pwinte Kiled 2 youths that was ought of said Gari- 
son fired one house Adjacent & 1 shoolop & marched of 
ou'^' Aremy is marched away Aboue them in the woods 
in hops to bee Aboue them to finde thaire head quarters, 
the maine Bodey of the Enemy is Adjudged to bee neer 

ou'' Towne. 

This is the present news from yo** Humble 

Sarvant Silvanus Davis/ 

" p^ m*" Jno Trevett 

Haste post Haste." 



464 DOCUMENTARY HISTORY 

Letter from Sllvanus Davis. 

fforte Loyall 1^^ 26*1^ 1689 6 morning 
Honor^^^® Jentellmen 

Thes in Humble Submetion/ Com to Aquainte yo'" Hono^"® 
that since Major Church his Laste Letter wliich Gave an 
Accompt of tlie fight wee liad heer with the Enemy which 
was vpon the 21*^^ of this Instant as soon as possable hee 
Covld fitt his men liee marched ought with his Army : in 
said march he discovred the Indian path (whare it is sup- 
posed that the pene Coke Indians did coin to Joyne witli 
the Estren Indians in that fight) the English march was 
from this Towne vp to Amocogen Judging that might bee 
the Likelest place to meete with the enemy thare they dis- 
covred the Indians had bin But not Latly from said place 
the Army marched Rownd the woods Toward pesumscott 
falls in hopes to discover which way the enemy did march 
of After the fight & soe Rownd to the place whare the fight 
was in the march : it was discovred parte had Gon weste 
& parte to the estward & whare the fight had bin they found 
whare the Indians had carried of thaire dead & fownde 
sevrell things they had scattred as Goon Casses 2 Large 
feathers such as thay have from the frencli for thaire Coman- 
der to ware as all soe bloodey shorts and Lansses with sevrell 
othr small Things which Guifs Grate Grownds to beleve 
that they ware Gratly Damnified in the said march thay 
fond whare thay had Murdred Cap" Brackett & Callped 
him at a distance from the place whare the fight was/ since 
the fight was thare have died of the woonded men one 
English man of This Towne & one of the Majors Indians 
the Rest are in A Likely way to Recover Majo'" Swaine with 
Majo'" ffroost & Majo^" Swaines Life Gard Came to this 
Towne 23"^ of this Instant whare the 2 Comanders had a 
very Loving Corrospondency to Geather & Conference to 
order matters for the defence of the Country 25"^ wensday 
the Armey was Drawd vp in order for a march it Raind 



OF THE STATE OF MAINE. 465 

much was forst to Log thaire Arems Late in the After noone 
post from Blacke pownte that foxwells Garisoii at Blewe 
pwinte was Ingaged all Though it was very Late the Majo'^ 
Church indevored to bee vpon a march toward the Enemi 
But the wether was soe Bad they Coold uot poosible Keepe 
thaire Arems & Amonetion drey and all soe the night in hand 
this 25*^: Majo"^ Swaine with his Conip parted from this 
Towne for Blacke powinte & soe weste this 26*^^ morning 
Just now the Army is marching away for the Reliefe of 
Blu^ pwnte & discovery of the enemy majo'" Church had 
not time to wright he ordred me to wright to yo*" hono'"^ hee 
desirs soom Gides to bee sent him from Boston & all soe 
2 or 3 ferkins of Butter/ 

as all soe other Nesserys for which the Comessery Wrights 
for/ noe more at present to Treble yo^' Hono'^'s Desiring the 
Lord to bee with you in all yo"* ways I subcrib my selfe 

Jentellmen yo' most Humble 

Sarvant Silvan us Davis/ 
for to Be sente for Gides ^j 



Jn° paine 
Wilt Denis 



or the Army must 
y Ley still & not Goe 



Jn° Hornebroke | else// 

Jno Parker j 

Majo'^ Church Lidens else for Kenibeck Reche & peme- 
quid as soone as he have scowred this Bay : 



Letter, Tho. Scottow to Maj^ Benj. Church ^ others 

Scarborough Province of Main September 26*^ 1689. 

Maj'^ Benjam" Church 

Cap* Joseph Hall 

Cap* Syllvanus Davis 
Gentlemen, By Order of Maj Swain these Come to Ac- 
quaint you, That this Morning we had an allarm, from ffox- 

wells Garrison Since our last Post, who I Suppose gave you 
30 



4G6 DOCUMENTARY HISTORr 

the Newes of the Enirnj'- their Killing two Ladds or Youths 
then out of the Garrison/ this Morning upon s*^ Allarin 
Maj*" Swain with his Company of horse Rode Up to the 
s*^ Garrison, My selfe with one file of Musquett ~ went up 
by Water, Upon the Msij'' Coming Up from of the 
Sand to the Meadow then riding up the River at low water, 
the Indians fired on them lying behind M^ ffoxwells fence, 
but the}^ Reciued no Damage, only one horse Shott through 
the Neck, We forced their Retreat and followed them, unto 
the next house being one Curbees, where they had Just 
killed three or four Swine, and had fired the said house, but 
we Came in Time to Cuench it, they were forced to leave 
their Baggage or Plunder behind. It is the Maj''s desire that 
3^our self would please to prosecute your Intended jNIarch 
from Nonsuch Point, so to head Black p* River, and Come 
on them Undescried, Judging them to Lodge att Du.nstance 
or thereabouts, By Reason of their carrying away Corn & 
Provisions dayl}^ Their Number Seen at ffoxwells about 
forty, Gentlemen This is all at present being Obliged by 
vertue of Maj'" Commands, craving your Prosperous Under- 
takings in this Interprize, Subscribe 
Nine a Clock at Night Y^" Humble Servant 

Tho: Scottow 
Maj'" Church 

S^" I Question not but this Enimy may be mett with on 
the head of our River, if your Self will please to 
March with Expedition, 

T S 
"ffor their Majestyes 

// Service // 
To maj^ Benjamen 
Church at ffallmoth 
These 

p'ent 
g Ensinge Jordan/ Q D C " 



OF THE STATE OF MAINE. 467 

Written on vage 2 of foregoing Letter from Tho : Scottoio. 

ffallmoth 7^r 30^1^ 1689 

When this poste Came to towne, which was vpcn the 
27"^ of this Instant 7^'" Late in the afternoone Majo'^' Church 
was Gon vp the Bay to North Yarmoth & the Ishmds & did 
not Com downe before the 28*^\ Late in the eveninof in- 
tending with all speede to fitt for a march for Dunston & 
soe in p'^' shute of the enemy Bat the 29"^ proved very fowle 
weather & now at the wrighting hereof the Majo^' is exced- 
ing sicke & all soe sevrell of the offisers But Intend a march 
with all speed posseble here is nothing of newes except what 
is with in spessefied sense our Last Letters 

g Order — thes from yo*" Sarvant Sill Davis 



Falmouth 7^^ 30^^ 1689 
To the Honored Simon Bradstreet 

S*" the last motion of the Army was by watter up 
towards North Yarmouth on ffriday last and returned 
againe on Saterday at Night, they made no discovery 
of Indians, they marclied pretty hard on Shore at w''^ 
time Major Church took Cold and is now very 111 & 
hath had a feavor all last night and is this morning 
under the Operation of a Vomit, w^^ I hope may work 
a good effect. Severall of our men are, also 111 of 
Colds, fevors, loossness &c, here is great want of Some- 
thing coumfortable for the Sick, both Cordialls, and 
other Sutable Nessecaryes w°'' wee hope yo"^ Honors 
will Send a Supply of g the next. Something more of 
warm cloathing is also Expected as Blankets &c of 



468 DOCUMENTARY HISTORY 

•^c^ gave a rude acco* g the last, 8'' I have not time 

farther to Enlarge but Subscrib my Selfe 

Cap* Hall & Cap* Basset Your Honors humble Serv* 

have been both 111 but I Joseph Prout 

hope are now Somthing 

better 



Letter Rachel WMtmore to Gov. Simon Bradstreet. 

To the Hon^^i^ Simon Bradstreet Esq'" Govern' 
and the rest of the Hon*"'^ Magistrates now sitting 
in Boston 
The humble Petition of Rachell Whitmore wife of John 
Whitmore 
Whereas your Petitioners husband was impressed into the 
Countryes Service ag* the Indian Enemy, and is now with 
Maj'" Swayne at Newechawanick, and your Petition' and 
her two children are very weake & ill and unable to help 
our selves, and do any thing for our Relief and the rest of 
the family, as severall of the Neighbours can and have in- 
formed yo' Hono'* 

Doth therefore humbly request the favour 
from your Hon'* that her husband John Whit- 
more may be dismissed the present Service, and 
that your Hon'^ would please to pass yo' Order 
for the same that he may returne to his sick 
family and yo' Petitioner shall as in duty 
bound ever pray &c 

Rachel Whitmore/ 



OF THE STATE OF MAINE. 469 

Letter of Jeremiah Swain to Grov. Bradstreet. 

Newechewonock Salmon falls in Barwick 

Octob'^ 4*^^ 89 att 5 of y^ clock in y« afternoone 
Hon,., S'-^ 

After y® tender of my humble Service to yo*" Hon^'* these 
are to acquaint yo'^' selues y* I with a small troope with me 
consisting of 39 gsons taking with me Capt.Willard & Capt. 
Convers wee advanced toward Casco IT*^"^ of Sept. last & 
upon or march found y® people att Saco Black point & Blew 
point in a pore expos'd condition uppon y® knoledge thereof 
wee were forc't to divide Capt. Willards into six parts for 
y® present & so wee advanced to Casco where we had a rela- 
tion of w* w^ done there, an account of w°^ yo'^' Hon'* wee 
suppose haue had from Maj"" Church 

Then my self with about 35 marched into y® woods with 
Maj' Churches fforces about 18 or 20 miles out & home but 
could finde none of y® Enimy, y® next daye wee receiued a 
post from Black point, Signifying j^ y® Garrison att Blew 
point w* attact att M'^' ffoxwells house where a young man 
w* Slayne & a lad taken Captiue, wee came over Casco 
ferrie in y® night & ridd to Black point y® same night, forth 
with sent a partie of horse to understand their condition att 
Blewpointbutt could notcome att y°^ by reason of y® tides, & 
y® caiioes were taken from y^ banks by j^ Enimy as we suppos'\ 
y^ night before. I therefore tooke a sloope & put a board 
about 30 men & Sayled up y® river to see if I could under- 
stand their condition, y® w*''^ w'^ Wee understood by advice 
of y*' Captaines with mee wee all mounted & with much 
difficulty w'^y® tide Served wee all gott over y® Rivers but 
before wee come there about Suii rise y® Enimy had attackt 
y® Garrison againe being a remote place &d weake handed, & 
w'^ wee come on Blew point Side wee espied y® Enimy & 
perceived yy had ambusht us, where uppon wee were forc'd 
to lead o'^' horses up y® bank on y® marishes for wee had no 
other waie to raoue except wee had gon right back againe 
y^ w*^*^ by y® help of God wee resolu'd not to do, upon y® 



470 DOCUMENT AEY HISTORY 

marsli, wee mired all o'" horses, broke o^ tackling where 
y^ Eniiny made Shot uppon us & wounded several of o"^ 
horses but thr'u mercy not one of o*" men hurt, & after wee 
had securd o"" horses under y® Garrison wee Sallied out 
after y*' Enimj^ on foote, y® ground being disadvantagius to 
y^ hors, but wee understanding their ambushments beat y'" 
up made shot att each other a considerable time, & tho' 
some of o'' men narrowly Escaped yet God so ordered it 
y^ none of us w® wounded or hurt, neither do wee know 
whether any of y'' Enimj^ w® hurt, yet there w® a great out 
crie w° yy called off their men where uppon 'tis supposd 
some might be hitt y^ movVl awaie with all Speed, wee fol- 
lowed y'" a mile or two, & tooke from y™ 48 Sheepe a line, 
4 dead swine, found a pore mans house on fire where all his 
corne w% wee put out y® fire Sav'd his corne & returnd to 
y® Garrison, & found y® lad w'^'^ w^ slayne, & brought 
liim thither, & procured part of Capt. Willards men 
to Strenthen y'' Garrison w*^^ w^ by y® consent of Maj"^ 
Church before wee come from Casco. y" attending y® tide 
wee rid in y® night to Saco & Strenthned their Garrisons & 
so return'd to o^ head quarts y® 28 Sept : in y® night where I 
received an account of y® officers of y® several companies of 
their Scouting gathering of corne bringing in have &*'. & 
y'^ sent out such of o"" men as had cloathing about 120 Capt: 
Gardner with 40 to Oister River Lieu* fflag with 30 to Wen- 
nipesockee : & about 30 of Capt. Con vers & about 30 of Capt : 
Wiswall to Bonniveage Pond w'''^ stayd out 3 dayes & 2 
nights but could finde none of y® Enimy nor where y^ had 
lately binn, I should haue told yo'' Hon''^ before y* there 
w* about 50 or 60 Indians y* ingaged us att ffoxwells 
Garrison. 

This very hour I received advice from Capt Willard y* 
two of his men & a Garrison soldier w^ surprised by y® En- 
imy att Saco, his two men are found dead & y'' other lost, 
yy were all three fetching up a fatt beast within sight of 



or THE STATE OP MAINE. 471 

y® Garrison but on y® contrary side of y« river, y® Indians 
call'd to y® Garrison told y^ y*^ yy would goe up to y® falls 
& burne y® mills & y® fort, Scone after yy Saw great fires 
y* waye, wee intend to make out after y™, tliis is y® sufn of 
y® newes att present, M'^' Benj. Backworth is come into 
y** river y® CoiTiissory has received his invoice, by w*^'^ wee 
perceiue y* we shall stand in great need of more Shooes & 
Stockins & all Sorts of Cloathes & three or four peeces 
duffalls because y® English as well as y® Indians desire 
blankits to lie in, in, y® woods wee haue great neede of a 
Chyrurgeon for many of o^" Soldiers are out of order, by 
reason of lameness Sickness &c. Except you haue provided 
other waise wee judge Lieu* Prescot of Conchord to be a 
very meet person & willing to come, you pro missed to send 
us up a minister but none coining wee procured M"" Jn° 
Emerson who has biii helpful! to us ever since wee come up 
& are sattisfyed in his help so y* you neede not trouble 
yo'" selues to send a nother Wee haue had a great deale of 
trouble in setling of Garrisons by reason of y*^ refractoriness 
of some persons too large here to giue yo'' Hon'^s a particu- 
lar account of. Sudden business coming upon us Wee Craue 
yo"" Hon''s pardon for breaking of so abruptl}' desiring yor 
prayers att all times I rest yo'' Hone's most humble 

Servant att coinand 

Jer: Sweyne/ 

"For 
The hon'"'^' Symond Broad 
street Esq'" Govern'" of y® 
Colony of y® Massathusets 
& Councill 



Hast Post hast. 



472 DOCUMENTARY HISTORY 

Memorandom. 
tluflPals 4 peices two peices of Red Gotten 20 axes 30 
hatchets more shoos & stockins and all sorts of Cloaths for 
our men are almost naked: more Rhura to be Used about 
persons y* are III, to be applyed Externaly & Internaly 60 
men to keep Garreson at black & bldw point Salco and win- 
ter harbor & wells y* Cap Willards men may be released, 
for he is much wanted, If he be drawn off those places must 
be thrown away. 
Chees is convenyent to Carry into y® woods: lether for 

Indian Shoos, pray let this be minded. 

Jer Sweyne/ 

Some men are Sick & lame some released by yow selues 
Some were wanting from y® first Coming out our companyes 
are very lame to march to y^ head quarters If we can have 
where y^ be pray lett vs haue a supply to fill vp our Com- 
panyes 



pray send a few shoe nails 



Jer Swejnie 



Letter from Maj^ Benj. Church. 

Octob' V^ 1689 ffallmoth 
Honor'^^^^ Gentellmen 

Thes Com to Aquainte yo' Honors that sense 
my Laste sent to you I Have bin Scowting 
Both este & Weste : but Cannot make Dis- 
covery of Any Boddy of the enemy only soom 
few scvlkin Roges which wee Cannot meete 
by any means : I Judge the Boddey is Gon 
este which I cannot folow) for wante of Gides 
here Are none that Are Aquainted to the 
estward of Casco Bay Tharefore ou'" Armey 
is quite Discoriged both Engles espeshiall the 
Indians first yo'" not sending more forsses ac- 
cording to promis & all soe Able pilots for the 



OF THE STATE OF MAINE. 



473 



woods that wee may march vp Ammoroogon 
Riuer & Kenibecke Riuer other ways we shall 
bee wholly frestrated all so'^ wee suffer exced- 
ingly for wante of clothing & all nessecerys if 
full suploys Cora not with all speede wee shall 
be forst to draw of for I Cannot Bare the 
Complaints that Are dayly made to mee for 
wante of thoes nesserys that shoold bee pro- 
vided for them : wee wante an other able Doc- 
tter to bee sente & All soe soom medesonns 
for sicke & woonded men. pray bee plesed to 
Consider the straights & nessecetys that wee 
are at for wante of such suploys that may bee 
had in the Cowntry if thare was Care to send 
it which if speedy Corse bee not Taken to send 
a full suploy the Country i mene thes parts will 
bee whooly dissarted I doe Admire here have 
bin noe vessell from yo^ Honors before this time. 
Gruefs Grate Cans to suspect that wee Are 
all to geather slitted bee pleased to Consider 
the p^'misses : as to Give you an accp* of my 
prooseedings I Have bin marching dayly 
toward Saco west & vp the Bay est as far as 
North yar mouth & Hunted abought the Islands 
& am now sending a vessell to the estward 
vpon discovery my selfe am Intended a 
march to the westward if by Any means wee 
may discover the ways of the enemy& when 
discovered shall Indever to folow them pro- 
vided wee may have such nessecerys that 
men may bee Incoridged & that Thees dayly 
Complaints that are amongst vs for want of 
Reelife may bee prevented it will bee my Grate 
Griefe if I shoold bee Disapoynted & Disarted 
Through wants that I Cannot Doe that sar. 
vice for The Country as I shoold Gladly 



474 DOCUMENTAKY HISTORY 

Doe, but I shall Indevo'' To Discharge my Duty: the 
Inhabitance Here Are Redy to Assist to thaire power 
but alass poore people thaire Loiige Keeping Garison base 
quite wore them ought : 

Gentell men pray Consider my Condetion & the Greefe 1 
am in to lieere dayly Complaints made to mee by the poore 
sowldiers Crying ought thay shall bee starved for want of 
Clothing & Loging Through wants : ou'^ men are dayly 
Taken sicke m'^' prowte Gruefs yo"" Honor's a pertecvler ac- 
c°p* of what to bee sent thare fore i only wrighte in Jenerall 
espeshiall for Gides a docto"" & medesous for sicke & 
wonded men i mene Good Cordialls & Inwards Comforts 
Hoping to Receve full suploys to Answer the premeesses I 
Take Leve To subscrib my selfe yo*' Honors 

Humble Sarvant 

Benjamin Church/ 
Silt Davis as Bownd in Duty 

presents his Humble sarvis 
To Yo"- Honours// 



In answ^ to the Motion & request of Nath" Hancock & 
Ri : Dana of Cambr, that some releife might be afforded them 
as to the Servant of the one, & Sonn of the other that haue 
been man}^ weeks Garrison Soldijers, The CoiFiittee of the 
Militia for y® Town are ordered to send some other meet 
persons in their room & stead, that they may be orderly 
released./ 



OF THE STATE OF MAINE. 



475 



Petition of John Loder. 

To the Hono*^ Gov"^ and Council 
and Representatives sitting in Boston 

The Humble petition of John Loder of Charlestown, 
Shevveth 

That yo^' Petition'' being impressed into the Countries 
service in the late Expedition to the Eastward against the 
Indians & his condition and Employment being such, that 
his personal attendance upon that Service would have been 
his utter ruine, in complyance with the then necessity of 
affaires, and that his Example might encourage -others, yo' 
Petition*" took care to provide a man to serve in his room, 
whose name was W™ Fletcher, who was compleatly fitted, 
with clothes, fire Arms & Ammunition at yo"^ Petition'^ 
charge, besides a Sum of money paid him by yo^ Petition"". 
And forasmuch as the said W™ Fletcher dyed in his return 
from the said service, Yo'" Petition*^ cannot recover either 
Arms or clothes, and the Committee refuse to grant him 
order for his wages, because his Cap* James Convers had 
granted a Certificate before (this now granted to yo"^ 
Petition''^ to the said Fletcher upon his return home, 
vi^^ (he dying in the Province of New Hampshire) yo*" 
Petition'" cannot procure./ 

Yo*" Petitition'" therfore Humbly prayes yo"^ Hon- 
o'"^ to consider the p'^mises, and to issue out such 
orders as may relieve yo^" Petition'", that he may 
receive what wages are justly due to him, and may 
have due recompence for the loss of his Arms./ 
And yo*" Petition'" shall ever pray &c. 



USTDEX. 



Abnaquinois, Les, 433. 
Acadia, coast of, 142, 422; dis- 
covered by the English, 197, 232, 
23(); ships sent to capture, 198; 
restoied to France, 198, 233, 234; 
boundary of, 199, 241, 242; memo- 
rial about the restitution of, 199, 
200; granted to the Company of 
New France, 199; chaims of the 
Kirks, 232-240; du Mont's usurp- 
ation, 232, 233; given to Alexan- 
der, 233; captured by Kirk, 233, 
234; in Alexander's possession, 
234; Sedgwick sent to, 230; Eng- 
lish title to, 240-242; ceded to 
France, 241; products of, 242; 
best place for fishing in, 423; 
mentioned, 142, 237, 254, 436, 437. 
Acad is, see Acadia. 
Accomenticus I summons to the 
Aggameuticus (people of, 31, 32; 
commissioners at, 32; court held 
at, 32, 33, 248; submitted to Mas- 
sachusetts, 33, 3.5, 61, 62; officers 
of, 33; grant to, 35, 36, 03; to be 
called York, 35, 63; court to be 
held yearly, 35; people of not to 
serve in general training out of 
the county, 35; to have bounds 
to set out, 35, 36; people of en- 
croached on the rights of Capt. 
John Mason, 94, 95; Godfrey 
governor of, 95; division of land 
at, 421,422; mentioned, 19, 20, 28, 
3U, 01,93. 
Adams, 
rhilip, 34, 62, 127. 
Samuel, 127. 
Adger, Thomas, 346. 
Aggamenticus, see Accomenticus. 
Aishlee, Will, signed petition to 
Massachusetts General Court, 
219; see Ashley. 
Alcock, Dr., purchased Block Is- 
land, 287; submitted to Khode 
Island, 287. 
Alcocke, 

Job, 3U6, 370, 396. 
John, submitted to Massachu- 
setts, 62; signed petition to the 
General Court, 126; his grant 
from Godfrey confirmed, 127; 
signed petition to Cromwell, 
141 ; menlioued, 33, 34. 



Joseph, acknowledged jurisdic- 
tion of Massachusetts, 62; dep- 
osition of, 107; mentioned, .34. 
Samuel, submitted to Massachu- 
setts, 62; mentioned, 34. 
Alcott, John, 33. 

Alexander, Sir William, to assist 
La Tour, 195, 253; received grant 
of Nova Scotia, 195, 196, 253; his 
widow married to Blount, 196; 
sent ships to Nova Scotia, 198, 
240; Acadia granted to, 233; in 
possession of grant, 234. iSee also 
Stirling, Earl of. 
Alger I Andrew, signed petition 
Auger ) to Massachusetts General 
Court. 48 ; killed at Falmouth, 
4.54; mentioned, 5, 108,306, 349. 
Arthur, 48, 247, 315. 
Arthur jr., acknowledged juris- 
diction of Massachusetts, 156. 
goodwife, 168. 
Matt., 349. 
AUauson, Ralph, 148. 
Ameradeath, 
John, 311. 
John jr., 311. 
America, 1, 2, 3, 10, 98, 144, 153, 

154, 197, 199, 232, 242, 251, 386. 
Amocogen Kiver, 464, 473. 
Amos, Capt., 452. 
Andrews, 

James, 308, 325, 349, 413. 
James jr., 349. 

John, acknowledged the juris- 
diction of Massachusetts, 22, 
41; signed petition to Parlia- 
ment, 45; deposition of, 112, 
113; mentioned, 25. 
Samuel, found the position of 
the Merrimac, 220, 227; in gar- 
rison at Falmouth, 349. 
Mr., 445. 
Andross, Sir Edmund, sent a party 
to Pemaquid, 378; imposed cus- 
toms on fishermen, 378; letter to 
Rawson, 37H, 377; grant to Ry- 
ford and others, 380-388; made 
trouble in Maine, 397; men- 
tioned, 440, 443. 
Angel, the sign of the, 1.53. 
Anger, Sampson, 34, 63, 141, 311, 

392. 
Anger's creek, 444. 
Aquedahtan, the head of the Mer- 
rimac, 18, 227. 



478 



DOCUMENTARY HISTOrtY 



Archdale, John, 186, 187, 188. 

Archirangnu, 424. 

Argal, Sir Samuel, 233. 

Aikeno, Samuel, 157. 

Arliugtou, Lunl, letter from tbe 
kiujj's coinrnissioners to, 201-264; 
letter from Sir Robert Carr, aud 
Samuel Maverick, 272-275; men- 
tioned, 202. 

Arrowsic, 'A-il. 

Arrowsic Island, 387. 

Arthur, John, 53, 51. 

Ashley, 

Thimias jr., 3.37. 
William, 172, 392. 

Asshworlli, Mr., 1.53. 

Athertoii, Humphrey, 164. 

Angar, see Alger. 

Auhtiu, 
John, 444. 

Samuel, acknowledged jurisdic- 
ti(m of Massachusetts, 7.5, 85; 
signed petition to Cromwell, 
14u: signed petition to the 
General Couit, 219. 

Averret, William, 25. 



Babb, Philip, acknowledged juris- 
diction of Massachusetts, 41; ap- 
pointed constable, 24, 42, 43, 53; 
mentioned, 52, 51. 

Bachelor, the, l(i6. 

Bachiller, Mary, submitted to Maa- 
sachusets, 22; lived at Kittery,25. 

Back cove, 440, 441. 

Backworth, Benjamin, 471. 

Baiel, 

Arthur, 311. 
John, 311. 

Baker, 
John, gave bond in the case with 
Howell, 77, 92; accused of dis- 
turbing the peace, 77; gave a 
bond, ^8, 92; submitted to Mas- 
f.achusetts, 84, 88; mentioned, 
72, 149. 
William, 387, 38S. 

Ball, Hichard, 73, 82, 83. 

Balle, John, 341. 

Balson, John, 392. 

Baltii! Sea, 154. 

Bancks ) 

Bankes [ John, 356, 392. 

Banks ) , , J . . •,. 

Richard, acknowledged jurisdic- 
tion of Massachusetts, 63; 
signed petition to General 
Court, 126; Godfrey's grant to, 
confirmed, 127; signed petition 
to Cromwell, 141; mentioned, 
34, 311, 370. 



Baptized, children to be, 255. 

Barbadoes, trade with the, 295. 

Barberries, 298. 

Barefoot, 
Dr., 312, 81.3. 

Captain Walter, a troublesome 
person, 32S, 334; complained 
of 328, 329. 

Bark, see Bachelor, the. 

Barkley, Francis, 19H, 197. 

Barlow, George, submitted to Mas- 
sachusetts, SO, 86; lived at East 
Saco, 87; forbidden to preach, 
73, 83. 

Barons of Nova Scotia, 253. 

Barren, George, 392. 

Barret, 
John, submitted to Massachu- 
setts, 72; signed petition to 
Cromwell. 14i); signed petition 
to the General Court, 219; men- 
tioned, 74, 172. 
John jr., acknowledged jurisdic- 
tion of Massachusetts, 75, 85. 

Baitliolomew, Henry, commis- 
sioner, 14, 15. 

Bartley, William, deed from Shap- 
leigh, 9, 111; consideration of 
deed, 10. 

Barton. Edward. 34.5, 348. 

Bar wick, 323, 469. 

Bass, 426. 

Basset, Capt , 468. 

Batcheller. see Bachiller. 

Bateraan, Edward, 336. 

Batson, Stephen, acknowledged 
jurisdiction of Massachusetts, 
84,88; lived at Cape Porpoise, 89; 
sinned petition to Massachusetts, 
217. 

Batt, Christopher, 311. 

Battle at Falmouth, men killed and 
wounded in the, 451; described, 
459-463. 

Baye de Chedabouctou. 422, 423. 

Baye, Franooise, 142, 422-425. 

Bavlie, 
Elizabeth, called a witch, 168, 169. 
Jonas, submitted to Massachu- 
setts, j56; his wife called a 
witch, 168, 1()9; signed petition 
to the General Court, 110. 

Bayly, Pilchard, acknowledged ju- 
risdiction of Massachusetts, 41. 

Bcanten, George, lived at York, 34; 
submitted to Massachusetts, 62. 

Beard, Aaron, 346. 

Beate, Arthur, 391. 

Beaubassiu, 424. 

Beaver trade, 299, 402. 

Beckes, M., 149. 

Beech trees, 426. 

Bell, Mr., 153. 



INDEX. 



479 



BelliiiKliam, Riclifird, 11, 20, 67, G9, 
71, 73, 79. 9H. 124. 

Bonnet, Sir Henry, 264, 282, 28>. 

Benie, Ambrose, acknowledjied 
jurisdiction of Massaclui.-etls, 88; 
lived at Cape Porpoise, 89. 

Berthelon, M., 440. 

Berry, Tliomas, killed at Fal- 
mouth, 454. 

Berwick, 828. 469. 

Bessell. John, 346. 

Biard, 2:^3. 

Bick(ord, 
Andrew, 387, 388. 
Benjamin, .54. 
Georjie, 845. 
John, 54. 

Lawrence, 3"^7, 388. 
Thomas, 811. 
Wdliam. 245, .387, 388. 

Bickton, Wayraouth, 311. 

Bigford. Sf-e Bickiord. 

Bilberries, 298. 

Billing, John, 104, 108, 340,341. 

Billin^ton, John, 311. 

Birch, John, (I'i). 

Bishop, John, 387, 388. 

Black. Gerom, 34. ». 

Black Point, 
acknowledged jurisdiction of 
Massachusetts, 156, 157; to be 
inclu'led in IScnrbovou;^h, 158; 
mentioned, 6, 208, 258, 306, 314, 
815, 878, 421, 445, 403, 465, 469, 
472. 
river; 466. 

Blackstone, William, 4. 

Blake, Thomas, 161. 

Blount, Col., married widow of the 
Earl of Stirling, 196. 

Blue Point, acknowledged juris- 
diction of .Massacliusetts, 157; to 
be included in S'-aiborough, 158; 
mentioned, 444, 468, 465, 469, 472. 

Boade, Henry, petition to General 
Court. 48, 49; acknowledged jur- 
isdiction of Massachusetts, 75, 85 ; 
ordered to desist from asserting 
his religious opinions, 78; signed 
petition to Cromwell, 140; men- 
tioned, 72, 76, 77, 9D. 

Boards, trade in, 428. 

Boden, 
Ambrose, acknowledged jurisdic- 
tion of Massachusetts, 157; 
signed petition to the king, 81 1. 
Ambrose jr., acknowledged jur- 
isdiction of Massachusetts, 157. 

Bolles, Joseph, submitted to Mas- 
sachusetts, 72; mentioned, 74, 77, 
90, 172. 

Bon Content, La, captured the 
Mary Fortune, 198, 241. 



Bond, George, 34. 
Justice, 448, 449. 
Nichola.s, Go. 
Bonniveage Pond, 470. 
Bonythou, .sef Bonigliton, Boniton. 
John, lived at Easst Saco, 87; re- 
fused to appear at Boston, 130; 
to be seized, 181-184, 137; de- 
clared a rebel, 136; acknowl- 
edged jurisdiction of Massa- 
chusetts, 157. 
Richard, recfived grant. 1-4; ex- 
tent of giant, 1, 2; considera- 
tion of gr,iuC, 2, 3; witnessed 
and delivered, 4. 
Booth, Robert, given liberty to 
preach, 78, 88; submitted to "Mas- 
sachusetts, 80, 8(!; lived at West 
JSaco, 86; signed petition to 
Cromwell, 140; mentioned, 81, 
82, 91. 
Boren, George, .341. 
Bore's Head, 322 

Boston, 6, 7, 9, 13, 18, 20, 31, 38, 39, 
42, 51, 58, 58, .59, 61, 65. 68. 69, 98, 
101, 108, 107, 116, lis, 121, 124, 127, 
130-188, 186, 137,148,1.50, 151, 158, 
155, 1.5S, 1()(), 104, 171, 1>S8, 210, 21.5, 
218, 226, 2.56, 201, 204-268, 272, 278, 
275, 276, 279, 281. 282, 287-290, 292, 
2,44-2iK), 298, 30u, 314, 816, 821, 
823, 829, 336, 3.;9-841, 348, 344, 
349, 350, 855, 857-3!)0, 362, 371, 
381, 3'.!2, 398, 8'.)7, 40V>, 41.5, 416, 
423, 433, 486-438, 441, 443, 446, 
450, 452, 453, 468, 465, 468. 
Bostoners, o09. 
Bostonets, 151. 
Boules. see Bolles. 
Bouigrade, 423. 
Brackett, 
Anthony, killed at Faliuouth, 
4.54, 404; mentioned, 811, 353, 
400,413, 416-118, d55, 460. 
Thomas, 358. 
Bradaway, Richard, 346. 
Bradbury, Thomas, .5.5-57. 
Bradford, Nathan, 811. 
Bradstreet. Simeon, commissioner, 
1! ; petition to Genera! Court, 70; 
granted, 71; letter from Prout, 
467, 4ti8; from Jeremiah Swain, 
469-471; mentioned, 18, 20, 21, 
23, 24, 28, 81, 32. 37, 89, 40, 61, 
62. 64, 66, 67, 69, 18 1, 463, 468. 
Bragdon, 
Arthur, submitted to Massachu- 
setts, 62; signed petition to the 
General (Jourt, 126; mentioned, 
33, 31, 306. 
Arthur jr., 210,215. 
Emanuel, 215. 
Thomas, 311,392. 



480 



DOCUMENTARY HISTORY 



Brames, Andrew, submitted to 

Massachusetts, 156. 
Bramhall, (ieoisre, wonndod at Fal- 
mouth, 4o4; mentioned, 416-418. 
Brand, Michael, 23, 40. 
Brane, John, 311, 391. 
Brattle, Capt. Thomas, 398. 
Braunson, George, deiJusition of, 

107, 108. 
Bray, 

Richard, desired jurisdiction of 
Massachusetts, 316 ; mentioned, 
311. 

John, 334, 335, 338-340. 
Bream, John, 387, 388. 
Breedou, Capt., 257, 273. 
Breredon, William, farm in Rhode 

Island, 287; farm within the 

limits of Plymouth Colony, 287; 

desired to be included in Rhode 

Island, 287. 
Bretnell, John, 54. 
Brian, Richard, 217. 
Brimhall, see Bramhall. 
Broadstreet, see Bradstreet. 
Brochamial, 4-10. 
Brockase, Capt, 377. 
Brocke, John, 129. 
Brokus, 447. 

Brodstreet, .see Bradstreet. 
Brou, Hypollite de, 432. 
Brooke, 

Lord, 284. 

Mr., to settle dispute between 
Godfrey and York, 123. 
Broughton, 

George, 70, 134, .396, 405. 

Thomas, giant from Kittery, 12; 
purchased t(ie same from Spen- 
cer, 12; petition to General 
Court, i3. 
Brown, 

Andiew, 170, 315. 

Francis, 345. 

John, 440, 441, 445. 

Thomas, wounded at Falmouth, 
454; mentioned, 448-451. 

Mr., of Sudbury, 300. 
Browstreet, Mr., 155, 
Brye. Phillip, 340. 
Buckland, William, 172. 
Bucknell, 

Geoige, 348. 

Richard, 346. 
Budington, John, 148. 
Budstarte ( ?), John, 148. 
Bulkley, Peter, 3(10, .370, 414. 
Bullevant, Justice, 447. 
Bull, ,see Ball, Richaid, 82, 83. 
Bulle I Nicholas, lived at West^ 
Bully 5 Saco, 87; signed petition to 
Cionnvell, 141. 

Nicholas jr., signed petition to 
Cromwell, 140. 



Buren. George, 311. 

Burge, Giles, .332. 333. 

Buigis, Richard, Godfrey's grant to 
confirmed, 127. 

Burnett, George, to administer the 
estate of John Walles, 340; men- 
tioned, 345. 

Burrell, Jolin, desired the jurisdic- 
tion of Massachusetts, 316. 

Bursly, John, complaints against, 
23, 40; discharged, 23; submitted 
to Massachusetts, 23; lived in 
Kitteiy. 25. 

Bui ton, Thomas, killed at Fal- 
mouth, 454. 

Bury, Ambrose, submitted to Mas- 
sachusetts, 84. 

Bush, John, submitted to Massa- 
chusetts, 75, S5. 

Buttery, John, 338, 387, 388. 



C 



Cadogen, Rice, .52 54. 
Calle. Richard. 311. 
Cambridge, 18, 293, 291, 474. 
Cammock, Thomas, 326. 
Canada, 199, 236, 254. 
Cane, Mr., 5. 
Cannon street, 153. 
Canv, Thomas, 70. 
Cap" 
de Canceaux, 438, 439. 
de la Chevre, 428. 
des Rosiers, 438, 439. 
Enrage, 429. 
Cape, 
Ann, 296. 
-bonawagon, 330, 344, 345, 347, 

3^8. 
Breton, 198, 240, 241, 254. 
Cod, 191. 

Elizabeth, bound of grant to 
Lewis & Bonython, 1 ; Mrs. 
Phillips claimed land at, 443. 
Porpoise, bound of gi-ant to 
Bonython & Lewis, 2; commis- 
sioners appointed to settle civil 
affairs at, 67; acknowledged 
the jurisdiction of Massachu- 
settb, 72, 73, S3, 84, 87-89, 92, 98; 
to lay out highways, 83, 87; 
civil government settled, 84; 
to be a township, 84; inhabit- 
ants of, 88, 89; grants to, 89, 
90; to resist Cleeves, 97; in 
need of a minister, 135; peti- 
tion to Cromwell, 1.37-142; peti- 
tion to General Court, 210; Mrs. 
Phillips claimed land at, 443. 
Sable, 253, 254, 423. 
Capucics. 431, 432. 
Carary, Nicholas,. 345. 



INDEX. 



481 



Card, John, 391. 

Cair, Sir Robert, letters from Rish- 
worth, 2G0; from Danforth, 270; 
letters to Arlington, 272-275; 
Justices of Maine, 277; Morrice, 
279-281; Cartwright, 282; desired 
a tract of liiud, 279, 283; people 
desired him for governor, 280, 
283, 298; mentioned, 188, 204, 
20"), 255, 25B, 257, 259, 260, 268, 
273-276, 279, 355. 
Cartwright, George, captured by 
the Dutch, 272, 279, 282, 299; 
lame, 273; landed in Spain. 299; 
report concerning New England, 
201, 202; letters from Carr, 282; 
letters to Nicholls, 255-257; to 
the king, 299; mentioned, 188, 
21 '4, 205, 259, 260, 264, 265, 268, 
272, 274-270, 280, 281. 
Casco, home of Cleeve, 6; of 
Tucker, 6; Mitton, 7; Lewis, 7; 
mentioned, 9, 203, 349, 410, 469, 
470. 
Casco Bay, submitted to Massa- 
chusetts, 150, 157; to be included 
in Falmouth, 158; fort to be 
erected at, 389; report of com- 
mittee concerning the planta- 
tion at, .398-400; mentioned, 5, 8, 
226, 298, 314, 315, 408, 414, 415, 
441,472, 473. 
Casparot, 426. 
Castle, the, 294. 
Causeau, detroit de, 142, 
Cawly, Robert, 346. 
Cellen, Thomas, 160. 
Cettery, see Kittery. 
Chad born ) Humphrey, submitted 
Chadburne ) to Massachusetts, 22 
41; signed petition to Parlia- 
ment, 45; mentioned, 10, 12, 
25, 247. 
William, submitted to Massachu- 
setts, 22, 24, 41; signed peti- 
tion to Parliament, 45; men- 
tioned, 25,95, 181; bis mark, 41. 
Chambly, Sieur de, 424. 
Champernown, Francis, signed 
petition to the king, 148; ever 
active for the king's interest, 
151; letters to the king's com- 
missioners, 267, 268, 854, 355; 
justice of the peace, 203, 258; 
expelled from office, 314; served 
under Marlborough, 314; men- 
tioned, 146, 188, 205, 206, 211, 215, 
245, 271, 274, 277, 278, 312. 
Charles, 
I., 152. 196, 233, 234, 245, 253, ?63, 

293, 297. 
II., 187, 190, 204, 248, 254, 259, 
409, 416, 421. 

31 



Charles, 
the, of Olleroon, 273. 
river, 296. 

town. 379, 441, 442, 475. 
Cbarnisay, Sieur d' Annay, abnn- 
doned La Heur, 423; built a fort 
at Pentagouet, 424; mentioned, 
142, 143, 431, 432. 
Chatburn, see Chadborn. 
Chater, John, 172. 
Chauncy, Uarnabas, signed petition 

to the king, 148. 
Cheapside, 153. 
Chebisco Dego, 414. 
Checkly, Anthony, 322. 
Chestnut trees, 298. 
Child, Dr. Robert, 443. 
Children to be baptised, 255. 
Christian, Gabriel, 392. 
Christmas day, the keeping of a 

crime, 292. 
Church, 
Major Benjamin, asked to go to 
Nonsuch, 466; went to North 
Yarmouth, 467, 473; ill, 467; 
letters to governer and council, 
456, 457, 4.59-463, 472-474; men- 
tioned, 452, 455, 464-467, 469, 
470. 
-men, only freemen in Massachu- 
setts, 291. 
of England, 151, 153, -384, 385. 
Churchwell, Humphrey, 311. 
Chuttchechah, 334. 
Claiff, Peter, 219. 
Clapboard island, 158, 226, 441, 
Clapboards, 319. 
Clap. Roger, 176. 
Clarke, Abraham, 346. 
Christoplier, 322, 323. 
Edward, lived at Cape Porpoise, 
88; signed petition to Crom- 
well, 140; mentioned, 73, 83. 
Jonas, found latitude of the 

Merriraac, 226, 227. 
Thomas, grant to Morgan, .3.36, 
337 ; to hold a court, 344 ; order- 
ed to disband a company, 351 ; 
mentioned, 19, 313, 343, 376. 
Thaddeus, 167, 311, 353,416-419; 
his mark, 353. 
Clayes, 
John, 219, 308. 
Thomas, 354. 
Cleeve, George, deposition con- 
cerning Nash. 5; depositions 
taken by, 5, 6-8; petitions to 
General Court, 8, 9, 161. 162; 
governor of Ligonia, 8; opposed 
by Vines, 8; pretended to hold 
titles to Cape Porpoise, Saco and 
Wells, 97; letter to, 97, 98; ac- 
knowledged jurisdiction of Mas- 



I 



482 



DOCUMENTARY HISTORY 



sachusetts. 157; deputy for Rig- 
by, Kil; bis lanils not to be dis- 
turbed, 104; petition apjainst Jor- 
dan, 164, 18-"); return of the same, 
IfiO; second petition agninst Jor- 
dan, lTi5-17'.); referred to the 
court at York, 179; letter to com- 
missioners, IS'- 182; recorded for 
breach of oath and forgery, ;308; 
mentioned, 4(3, 48, 130, 131, 169, 
410. 
Clements, Richard, sui-veyed land 
for Seacomb, 440, 441 ; surveyed 
land for Elliot, 44:^-445; letters 
to I'hillip Wells, 445, 446. 
Cocheka river, 155. 
Cook, ,see Cox 

John. 345, 387, 388. 
John jr., 387, 388. 
William, 348. 
Codajjone, Rice, lived at York, .34; 
submitted to Massncliusetts, 62. 
Codfish, 242, 373, 374, 428, 429. 
Coffin, Peter, 155. 
Colcord. Mr.. 101. 
Colcott, Edward, 109. 
Cole, 
Edward, .346. 

John, submitted to Massachu- 
setts, 84, 88; lived at Cape 
Porpoise, 88; signed petition to 
to General Court, 217; men- 
tioned, 345, .348, 387, 388. 
Nicholas, acknowledged jurisdic- 
tion of Massachusetts, 75, 85; 
signed petition to Cromwell, 
141); petition to General Court, 
2L7; mentioned, 172. 
William, submitted to Massachu- 
setts, 75, 85; mentioned, 172. 
Collacott I Richard, impowered to 
Collicut j hold a court, 344; took 
his oath, 344; mentioned, 331, 
332, 343. 
Collins, 
Christopher, 170. 
Peter, 346. 
Colonial Papers, extracts from, 146- 

148, 152. 
Columbus, Christopher, 251. 
Conien, Kichard, 140. 
Comes, Ileury, .387, 388. 
Commiugs, Kicliard, 87, -332, 833. 
Commissioners, 
of Gorges, protest against the 
Older of Massachusetts, 243; 
answer to the protest, 241; 
report of Jordan, 248, 249; 
order to Neale, 2.50; Neale's 
answer, 250; forbidden to mo- 
lest people of Maine. 259, 260; 
mentioned, 248, 297, .309. 
of Massachusetts, sent to Kit- 



tery, 11; protest of, 14, 15; an- 
swer to protest, 15; settle civil 
government at Kittery, 19, 
23-25; notice of 1652. 20; 
held court at Kittery, 23, 23; 
grants to Kittery, 2.5-31 ; sum- 
mons to Accomenticus, 31, 32, 
61. 62; at Accomenticus, 32, 35, 
62; grants to Accomenticus, 
32, .33, 63. 64; submission of 
Accomenticus, 33, 35, 61, 62; 
settle civil government at York, 

38, 39, 65, 66; return for 1652, 

39, 42,61,62; protection granted 
to Shapleigh, 42, 49; their com- 
ing desired by Wells, 50; settle 
civil government at Cape Por- 
poise, Saco and Wells, 67 ; sum- 
mons, 74; hold court at Wells, 
71, 74, 75; freemen sworn, 72, 
76; gave Booth liberty to 
preach, 73, 83: return for 1653, 
73, 74 ; protest against any ex- 
ercising of power, 92, 93 ; to 
settle dispute between Godfrey 
and York, 123; return of the 
same, 127-129; settle civil gov- 
ernment in Maine, 156, 219-221; 
report concerning eastern 
parts, 164; to hold court at 
York and Wells, 1062, 173; let- 
ter from Cleeves, 180-182; from 
Jocelyn and others, 186, 187; 
not to molest people of New 
Hampshire, 270; hold court at 
York, 1668, 300-302; return for 
1668, 302-307; expelled officers 
appointed by the king's com- 
missioners, 314, 315; mentioned, 
50, 243, 244. ;]8!, 382. 

of New England, 433, 434, 4.36. 

of the king, report of, 201, 202; 
orders of, 202-205; iu Connec- 
ticut, 255, 284; commissions to 
justices of the peace, 2-58, 2-59; 
letter to Arlington, 261, 264, 
281; visited Maine, 261, 26.5, 
297; advised the building of a 
fort, 262; hindered by Massa- 
chusetts, 262, 265, 273-275, 290, 
291; letter from Champei*- 
nown, 267, 268; notified of 
the war with the Dutch, 273; 
settled the rights of Rhode 
Island, 287; in Plymouth, 289; 
at Piscataqua, 292; at Kenne- 
bec, 208; ptpers lost. 299; es- 
tablished the rights of Maine, 
310; officers appointed by, 
turned out by .Massachusetts, 
314, 315; mentioned, 305, 310, 
.377, 433. 

of the United Colonies, 287. 



INDEX. 



483 



Compagnie des Indes, La, 438. 
Company of New France, Acadia 
p;ranted to, 199; governor ap- 
pointed, 199; mentioned, 438, 439. 
Coudiay, St Le Boine du, 438. 
Concoid, 471. 

Congregationalists, 295, 296. 
Conly, see Cunly. 
Abraham, lived at Kittery, 25; 
signed petition to Cromwell, 
141. 
Couuecticnt, 
visited by king's commissioners, 
255, 2S1; to make appeals to 
the commissioners, £84; to tol- 
erate other creeds, 284; mis- 
take in the boundary of, 284; 
doubted Hamilton's right, 284; 
complained of Massachusetts, 
284; only one fort in, 285; in- 
habitants of, Presbyterians, 
285; mentioned, 255, 285, 288, 
292. 
river, 191. 378. 
Convers, Capt. James, 469. 470, 47-5. 
Cooke, Dr., 452. 
Coole, .see Cole, Nicholas. 
Cooper. Alexander, 311, 391. 
Cooper's Hall, 152, 153. 
Corbett. Abraham, 148, 274, 275, 

28(1, 312. 
Corbin, 

Robert, 308, 325. 
Sound, 348. 
Corlyn. Robert, 157. 
Cotes des Etchemins, 142, 14-3. 
Cotton, John, 319, 320. 
Council for the affairs of New Eng- 
land, 1, 121, 442. 
Courtons, Thomas, lived at York, 
34; submitted to Massachusetts, 
62; signed petition to Cromwell, 
141. 
Courts held at Accomenticus, .32, 
33, 35; at Boston, 256, 261; at 
Jordan's hoirse, 150; at Kittery, 
28; at Pemaquid, 343; Wells, 
71, 74, 75, 80, 280; at York, 27, 
64, 300-302, 306, 310, 33.5. 
Coventry, H., 343. 
Cove, the, 106. 
Cowessit, 279, 28-3. 
Cowman, Richard, submitted to 

Massachusetts, 80, 86. 
Cox, see Cock. 
Richard, 346. 
Shadrick, .346. 
Thomas, 345, 346, 
Thomas jr., 346. 
William, 346. 
Crabs, 298. 
Cradock, Governor, 298. 



Crawly, Thomas, deposition of 108, 

109. 
Crocket, 
Eprem, 340. 

Thomas, lived at York, .34; sub- 
mitted to Massachusetts, 62; 
deposition of, 108; mentioned, 
341. 
Crocket's cove, 442. 

neck, 442. 
Cromwell, 
Oliver, 1-37, 149, 153, 197, 198, 236, 

238, 239, 241, 254, 293, 29-5. 
Richard, 149. 
Crosse, Joseph, 219. 
Crowue, William, petition of, 175; 
returu of the same, 175, 176; 
mentioned, 197. 
Cummings, Richard, 87, 332, 3-33. 
Cunly, See Couly. 
Abraham, acknowledged jurisdic- 
tion of Massachusetts, i!2, 41 ; to 
have privilege to appeal his- 
case, 30; signed petition to 
Parliament, 45. 
Curbees, 466. 
Curtis, 

Henry, 345. 
Henry jr., 346. 
Joseph, 4.50, 451. 
Thomas, 126, 127, 311, 391. 
Curtus, see Curtis. 
Cussens, John, 5, 316. 
Cutt. 

John, 315. 

Richard, 52, 56, 31.5. 
Robert, justice of the peace, 203, 
258; turned out of office, 314; 
mentioned, 258, 340. 



D 



Dailleboust, Louis, 435, 436. 

Dale, John, 409. 

Dalibern, 440. 

Dammarill's cove, 6, 330, 345-348. 

Dana, Richard, 474. 

Danforth, Thomas, furnished 
money t ) commissioners, 174; to 
settle the Eastern parts, 206; 
commissioner, 220; letter from 
Carr, 270; to hinder the king's 
commissioners, 273; letters to 
Rawson, 381,332; appointed Pres- 
ident of Maine, 400, 401; agree- 
ment with Mary Munjoy, 409- 
411; grant to, 414; indenture 
with Edward Tyng, 416; men- 
tioned, 162, 176, 205, 210, 212,22.5, 
228, 229, 274, 341, 391-393, 398, 
403. 



484 



DOCUMENTARY HISTOEY 



Daniel, Capt., 452. 
Joseph, 811, 392. 
Nathaniel, 311, 391. 
Thomas, 315. 
D'Annay, see Charnisay, Sieur 

d'Annay. 
Dare, John, 345. 
Daulis, 440. 

Davie, Humphrey, impowered to 
hold court, 344; took his oath, 
344; mentioned, 343, 348, 409. 
Davies, Daniel, submitted to Mas- 
sachusetts, 22, 41; lived at Kit- 
tery, 25. 
Davis, 
John, submitted to Massachu- 
setts, 63; licensed to keep an 
ordinary, 33, 64; a sergeaut, 
33; deposition of, 103; signed 
petition to Cromwell, 141; 
signed petition to the king, 
148; ill-treated Peter Weare, 
211, 213; mentioned, 32, 34, 62, 
107, 369. 
Lawrence, 311, 353; his mark, 353. 
Nicholas, commissioners met at 
his house, 31, 61; constable, 
33, 64; submitted to Massachu- 
setts, 63; signed petition to 
General Court, 126; signed 
petition to Cromwell, 141 ; men- 
tioned, 32, 34, 62, 43S-440. 
Samuel, 396. 

Sylvanus, attorney for Clarke and 
Lake, 330-338; letter to gov- 
ernor and council, 455, 456,464, 
4G5; letter to J. Trevett, 463; 
mentioned, 331, 390, 400, 411, 
413,416, 417, 419, 451, 454,459, 
461, 465, 467, 474. 
Thomas, 19. 
William. 221, 313, 321. 
Dawes, John, 311. 

Dearaont I John, submitted to Mas- 
Diamunt ( sachusetts, 22,41 ; signed 
petition to Cromwell, 140; men- 
tioned, 25, 118. 
Deancant, John, 311. 
Deane, Thomas, 273, 290, 362. 
Dearing, 
George, lived at Black Point, 6; 

deposition of, 6, 7. 
Roger, 311, 341, 3yL 
Roger jr., 341. 
de Cane, Mr., 235. 
Deer, 297. 
Delaware, 283. 

bay, 191. 
Denbo, William, 345. 
Denis, William. 465. 
Deunell, Thomas, lived at York, 
34; submitted to Massachusetts, 
63. 



Denning. Nicholas, 345, 346. 

Dennis, Lawrence, purchased land 
of Morgan, 338; mentioned, 387, 
388. 

Dennison, Maj. Daniel, commis- 
sioner. 11; demanded, Jocelyn's 
right to hold a court, 230, -Zil; 
answered, 230, 231 ; letter to Gen- 
eral Court, 243 ; warrant to Wells, 
244; notice to Masterson, 245; 
letter to Jocelyn, 245, 246; men- 
tioned, 20, 50, 52, 67, 69, 71. 73, 
79. 93, 120, 173, 242, 248, 326, 332, 
340. 

Derent, Roger, 341. 

De Rockmand, M., 234. 

Devon County, 345, 347. 

Diamunt, see Deamont. 

Diepe, 198, 241. 

Dilt, Daniel, 392. 

Dimond, William, 341. 

Dixce, Peter, 391. 

Dixon, 
William, lived at York, 34; sub- 
mitted to Massachusetts, 62; 
signed petition to Cromwell, 
141; signed petition to Gen- 
eral Court, 126. 
Peter, 310. 

Dobrey, seized Fort St. Johns, 196; 
his widow married La Tour, 196. 

Dolling, John, 345, 346, 348. 

Donee. 254. 

Donell, Henry, lived at York, 34; 
submitted to Massachusetts, 62; 
feigned petition to the General 
Court, 126; signed petition to 
Cromwell, 141. 

Dorchester, 5. 

Dorr, Edward, .34.5. 

Dover, not to be molested by Mas- 
sachusetts, 270; taxed for war 
expenses, 350, 351; mentioned, 
27, 30, 52, 155, 156, 158, 275. 

Douneinge I Daniel, signed petition 

Downing ) to Parliament, 45. 
Dennis, submitted to Massachu- 
setts, 22, 41 ; lived at Kittery,2.5. 
Joshua, account of catching and 
curing fish, 372-.376; petition to 
the king, 392, 393; mentioned, 
311, 391. 

Drafton, Thomas, 311. 

Druillettes, 
Sieur Gabrielle, 433, 435. 
R. Pere, 433, 435. 

Du Cape, 241. 

Ducks, 298. 

Dudley, 
Joseph, 386. 
Judge, 447,450. 

Duke's Province, mistake in the 
boundary of, 284. 



INDEX. 



485 



Dumraer, 

Jeremiah, i)etition of, 415; grant- 
ed, 415. 
Richard, 415. 
Du Monts, usurped Acadia, 232, 233. 
Dunkirk, 2.38. 
Dunnell, see Donell. 
Daustance U^^ 445 4gg 4g^ 
Dunston j 
Thomas, constable, 24, 43, 59; 
lived at Kittery, 25; submitted 
to Massachusetts, 41. 
Durham, Humphrey, 160. 
Dutch, 
the, expect English laws, 2.56, 2-57 ; 
reduced Monadoes, 265; cap- 
tured Cartwright, 272, 279, 282, 
*^99; notice of war with, 273; 
capture presents sent by In- 
dians, 286. 
Mauadoes, 197. 
Dymeut, see Deamont. 

E 

Badge, Robert, 311. 
Eagle Point Marsh, 209. 
Earthy, John, 348. 
Easter creek, 209. 
East, 

Greenwich, 191. 

Saco, inhabitants of, 87. 
Edgcomb, 

Christopher, 311. 

Nicholas, submitted to Massa- 
chusetts, 1.57. 
Edge, Robert, lived at York, 34; 

submitted to Massachusetts, 63; 

signed petition to the governor, 

341. 
Edmunds, Robert, 345, 346, 
Edwards, William, 346. 
Eels, 426, 427, 430. 
Egyptian, name given to Godfrey, 

1.52. 
Eliott, Mr., .300. 

Elizabeth, Queen, 197, 232, 240. 
Elkins. Henry, 311. 
EUingham, 

John, 62. 

William. 34, 269. 
Elliot, Robert, land of, surveyed, 

443, 445. 
Elsin I John, oath, administered 
Elson J to, 73, 83; lived at Cape 

Porpoise. 89; signed petition to 

General Court, 217. 
Emerie, see Emery. 
Emerson, 

John, 471. 

Joseph, people of Wells to assem- 
ble at his house, 69, 74; sub- 
mitted to Massachusetts, 72; 



signed petition to General 
Court, 126; signed petition to 
Cromwell, 141. 
Emery, 
Anthony, lived at Kittery, 25; 
submitted to Massachusetts, 
22, 41 ; signed petition to Par- 
liament, 45. 
James, submitted to Massachu- 
setts, 41; signed petition to 
Parliament, 45; signed petition 
to the king, 396. 
John, 471. 
Endicott, John, letter from Good- 
win, 185. 186; letter from Rish- 
worth, 133, 135; mentioned, 19, 
58, 67, 137, 174, 186. 228. 
Engersoll, See Ingersell. 
George, signed petition to Gen- 
eral Court. 224. 
England, New England to be gov- 
erned by the laws of, 385; men- 
tioned, 1, 10, 11, 14-16, 18, 43-45, 
96, 121, 130, 137, 140. 145, 149, 161, 
181, 190, 192, 193, 197-199,202-204, 
226, 232-234, 236, 238, 248, 249, 
252, 253, 257, 259, 260, 263, 288, 
292, 295, 309, 313, 318, 32-3, 365, 
386, 416, 421. 4.37, 443. 
English, the, 251, 2-54, 423, 424, 425, 
431, 432, 436-438, 446, 451, 458, 
460, 464. 
Evans, Edward, killed at Fal- 
mouth, 454. 
Etchechemins, the, 142, 429. 
Evered ) Andrew, lived at York, 
Everest > 34; submitted to Massa- 
Everit ) chusetts, 62; signed peti- 
tion to the General Court, 126; 
Godfrey's grant to, confirmed, 
127. 
William, court held at his house, 
40; submitted to Massachu- 
setts, 41. 
Exeter, 270, 313. 
Eyre, 
Eleazar, 312, 319, 320, 
Thomas, 312, 319, 320. 

F 

Fabines, John, 54, 

Fairfield, 356. 

Falmouth, to include Casco Bay 
and Spurwink, 158; to have a 
commission to try cases, 1.58; to 
be surveyed, 159; petitions to 
General Court, 160, 307, 308, 326, 
327, 351-353; people excused from 
training at York, 1(52, 163; to 
have a recorder, 163; not to dis- 
pose of the lands, 164; desired 
the jurisdiction of Massachu- 



486 



DOCUMENTARY HISTORY 



setts, 221-224; number of free- 
men in, 308; can all house-hold- 
ers vote, 324 ; not able to enlarge 
the town, 324; fear trouble, 324, 
325; questions from, referred to 
the County Court, 325; people 
prohibited from moving from, 
348, 349; list of men who left the 
garrison, 349; men killed at the 
fight at, 454 ; distress at, 459; Maj. 
Church arrived at, 459; men- 
tioned, 104, 1(J5, no, 180-182, 262, 
300, 399, 410. 416-418, 440,451,456, 
400. 407, 472. 
Fashion, William, 240. 
Fayreweather, John, 398. 
Fellow. Abra., submitted to Massa- 
chusetts, 157. 
Felt, George, signed petition to 
General Court, 224, 308; men- 
tioned, 408. 
Ferry, licensed, 91. 
Filbricii, Thomas, 56, 57. 
Firr boaids, 295. 
Fish , shi pped at Boston , 295 ; Down- 

ing's account of, 37.i-376. 
Fishermen, duties imposed on, 378. 
Fishing, at Stratton's island, 6; in 
Maine, 383; in Acadia, 423, 426- 
428, 430. 
Flee, John, 311. 
Fletcher, 
Seth, signed petition to Crom- 
well, 140; disliked at Wells, 
159; wanted as a preacher, 171. 
William, substitute for John 
Loder, 475; died, 475. 
Ford, John, witnessed deed toHun- 

niwell, 421; his mark, 421. 
Fort, 
Albany, 292. 
de Larchisnagam, 429. 
de 1' Assomption, 430. 
de la Keve, 142. 
Du Coudray, 438. 
hill, 2.50. 

Loyal, its maintenance to be con- 
sidered, 401; needfuU, 402,405, 
400; the Indian trade to main- 
tain it, 407; the garrison to be 
paid, 407 ; mentioned, 410, 455, 
463, 404. 
Quebec, captured by the English, 
198 ; restored to the French, 198. 
Eoyal, 196, 198, 234, 437. 
St. Ann, 430. 
St. Jean or John, see St. John's 

fort, 241, 253, 254, 430, 437. 
St. Louis, 430. 
St. Therese, 430. 
Saquaische, 426. 
Forts, on the Neck, 166; at Sey- 
brook, 285; to be erected at Casco 



Bay. .389; built by Easily, 423; 
built by D'Annay, 424; at Penta- 
gonet, 431 ; at Saco, 453. 
Foxwell, 

John, 168. 170. 
Phillip, 311, 444. 

Eichard, signed petition to Gen- 
eral Court, 48; srrbmitted to 
jurisdiction of Massachusetts, 
157; injured by Burge and 
Jackson, 332, 333; mentioned, 
104, 170. 
Richard jr., 170. 
Fox well's garrison, 463, 465, 466, 

470. 
France, supplied with fish from 
Massachusetts, 195; mtntioned, 
1. 190. 197, 198, 204, 233, 248, 2.'»2- 
254, 2.59, 416, 421, 437, 438. 
Freake, Jolin, to receive a deed 

from Littlebury, 321. 
Freathy, William, lived at York, 34; 
acknowledged the jurisdiction of 
Massachusetts, 03. 
Freese, James, wounded at Fal- 
mouth, 454. 
French, the, Port Royal granted to, 
196, 198; encouraged the Indians, 
378; mentioned, 241, 242, 431, 434, 
437,446, 464. 
Frenchmen, 299. 
Frensham, H., .337, 338. 
Fresh Marshes, the, 441, 445. 
Frost, 

Charles, submitted to Massachu- 
setts, 22, 41 ; lived at Kittery, 
25; witness against Bursly, 40; 
signed petition to Parliament, 
45; signed petition to Crom- 
well, 141; mentioned, 23, 306, 
327, 333, 351, 390, .396, 464. 
Nicholas, submitted to Massa- 
chusetts, 22, 41; lived at Kit- 
tery, 25; signed petition to Par- 
liament, 45; signed petition to 
Cromwell, 141 ; mentioned, 215. 
Mr., secretary, 96. 
Fry, Adrian, 392. 
Fryer, 
Emanuel, 321. 
Nathaniel, 315, 341. 
Furbish, William, 311. 

Ful-neld {Thomas, 311, 340. 392. 

William, 340. 
Furr, 242. 

G 

Gammon, Robeet, constable, 345; 
sergeant, 347 ; commissioner, 347. 
Gard, Roger, 421, 422. 



INDEX. 



487 



Gardiner, 
Grifleth, 312 318, 331. 
Henry, 312 319, 320. 
Thomas, impowered io hold a 
court, 343, 314, 348; took the 
oath, 3-14; treasurer, 34-4, 345; 
in charge of military affairs, 
347; com missionei-, 348; licensed 
to sell liquor, 3JS; mentioned, 
470. 
Garnesey I William, lived at York, 
Garnsey ( 34 ; submitted to Massa- 
chusetts, 03. 
Garrisons, at Falmouth, 349; at 
Blue Point, 469, 470-472; Fox- 
well's, 463. 4(55-407; trouble in 
settlinof, 471; soldiers to be re- 
leased from, 471. 
Gattirsley, John, 300. 
Gayle, Hugh, lived at York, .34 ; sub- 
mitted to Massachusetts, 03. 
Gedney. see Giduey. 
Gee, Peter, 54. 
Geese, 298. 
Geffords, John, 151. 

Gluite {Walter, 400, 416, 417, 419. 

General Assembly, only church 
members eiifjible, 256, 263; 
mentioned, 403, 416-418. 
Court, 5, 8, 9, 13-10, lS-20, 26, 31, ' 
SO, 38, 39, 42, 46, 51 , 53, 58, 59, 61, 
63, 65, 68, 09, 71, 73, 75. 79, 84, 
93, 97, 101, 118, 121, J 24, 127, 128, 
130, 131, 134, 135, 150, 155, 160, 
164, 169, 171, 177, 181. 184, 185, 
1^9, 210, 214, 216, 218, 219, 225- 
230, 243-245, 263, 266, 272-275, 
291, 295, 300, 301, 305, 307, 308, 
312, 313, 316, 319, 321-323, 325, 
327, 330, 332, 344, 347, 355, 359, 
362-364, 366, 370, 377, 379, 382, 
411, 412,414, 415, 442. 

Generallists, the, 287. 

Genison, Elihu, 310. 

^^ J John, 180, 308. 

Gibbins, James, submitted to Mas- 
sachusetts, 80, 86; lived at East 
Saco, 87; signed petition to the 
king, 148. 

Gibbons, 
Ambrose, 95. 
Ann, 94. 
Di-. Richard, 94. 

Gibbons, , Fort St. John mort- 
gaged to, 196, 197. 

Gidney, Bartholomew, erected a 
saw-mill, 399; saw-mill sold, 166; 
mentioned, 385, 409. 

Giles, Matthew, 54. 

Gillman, 
Capt, 351. 



Gilman, continued. 

Benjamin, letter to Gunnison, 
102; deposition of 113, 114. 

Gingden, John, 346. 

Gingerson, Joseph, 311. 

Glass, Richard, 346. 

Goddard, Will., 95. 

Godfrey, 
Edward, opposed the government 
of Massachusetts, 14-10; gov- 
ernor of Maine, 15, 95, 151- 
153; submitted to Massachu- 
setts, 32, 62, 63; writing ten- 
dered by, 36, 37; answer to, 37; 
petition of, 121; first to settle 
in York, 121. 152; patent to, 
121; complained of the en- 
croachments of settlers, 122, 
123; commissioner to settle his 
claims, 12;1; petition of people 
against, 124, 125; his grants 
couflrmed, 127, 128; to be com- 
pensated for attending the Gen- 
eral Court, 128, 129; a lelative 
slain, 152; land surveyed, 422; 
letters to Rawsou, 16; to Povey, 
251, 252; information concern- 
ing the usurpation of Massa- 
chusetts, 148-150, 152-154; men- 
tioned, 34, 50, 65,93, 94, 9u, 129, 
149, 422, 433-435. 
John, 435. 
Oliver. 151. 

Goff, William, 293. 

Gollison, see Gunnison. 

Gouisou, see Gunnison. 

Gooch, see Gouge. 
James, signed petition to Gen- 
eral Court, 219, 327. 
John, submitted to Massachu- 
setts, 63, 72; signed petition to 
General Court, 217, 219; men- 
tioned, 74, 70. 

Gooddrig, Jeremiah. 341. 

Goodeuow, John, 448-451. 

Goodwin, Daniel, signed petition 
to Cromwell, 141 ; constable of 
Kittery, 183-185; petition to Gen- 
eral Court, 184, 185; imprisoned, 
185; letter to Endicott, 185, 186. 

Gookin, Daniel, 166, 172, 188, 293, 
385, 394. 

Gooseberries, 298. 

Gorges, Edward, 4, 442. 
Ferdiuando, petition of, 1661, 143- 
145; acknowledged the sole 
proprietor of Maine, 186-188; 
his commissioners forbidden to 
molest the people of Maine, 
259, 260; men who opposed his 
interests, 315; willing to give 
up his patent, 312; mentioned, 
147, 188, 189, 204, 205, 222, 223, 



488 



DOCUMENTARY HISTOEY 



225, 243-248, 250, 251, 318, 358, 
361-SG5, 370, 380, 389. 
Sir Feidiiiando, Lis government 
supported by Vines, 8; bis 
patent, 255, 258, 261, 389; Mas- 
hacbusetts usurped bis terri- 
tory, 292, 297; Maine granted 
to, 297, 3U9; named Maine, 297; 
mentioned, 93, 121, 143, 144, 202, 
207, 208, 312, 319, 320, 390, 392, 
395, 396, 399,406,417,418. 
Jobn, 143. 
Lord Robert, 251. 
Thomas. 208, 422. 
Gorgiaua, 3!-3;3, 35, 61, 205. 
Garton, 285, 288. 
Gosslin, .see .Jocelyn. 
Gou<:je, see Gooch. 

Jolin, lived at Yoik, 34; acknowl- 
edjied tbe jurisdiction of Mas- 
sachusetts, 03; selectman, 90; 
Godfrey's grant to, confirmed, 
127; signed petition to Crom- 
well. 140. 
John jr., signed petition to Crom- 
well, 140. 
Gousone, Ed., lived at York, 34. 
Gowell, Richard, 391. 
Goyle, 
Ellingbam, 127. 
Hugh, 127. 
Graham, Ja., 44-3. 
Grand Fontain, Sieur de, 424. 
Granger, John, 311. 
Grant, 
.James, 148, 369. 
Peter, 311. 
Thomas, 341. 
Gratious street, 153. 
Graves, 
.John, 167. 

Joseph, testimony of, 446-448; 
sent lo prison, 447: could give 
no bond, 448; sent home, 450; 
costs to, 451. 
Mary, testimony of, 446-448; her 
mark, 447. 
Graybam, Randolph, 447, 450. 
Giay's Inn, 161, 251. 
Great Britain, 200, 2.54. 
Great island, 315, 339. 

yaiut Ellen's, 10. 
Greene, 
John, 22, 25, 41, 311. 391. 
Richard, 311, .392. 

Greene, , of Rhode Island, 288. 

Greenland, Henry, a troublesome 
person, 328, 334; complained of, 
328. 329; accounts against, 385. 
Grensled, Samuel, signed petition 
to the governor and council, 353; 
his mark, 353. 
Griffith, George, 312, 319, 320. 



Groton, 351. 

Grist-mill, see Mills and Saw-mill, 

at Saco, 453. 
Grout, John, 448, 4.50, 451. 
Gulf, of St. Lawrence, 198, 199, 241, 

424. 
Gullison, .see Gunnison. 
Gunnison, 
Elisha, .391. 

Hugh, submitted to Massachu- 
setts, 22, 41 ; licensed to keep 
an ordinary, 24, 59; commis- 
sioner, 24; signed petition to 
Parliament, 45; an associate, 
60; unlawfull attachment, 103, 

104, 100-108, 110; Shapleigh's 
attempt to settle with, 110, 111, 
113, 114; attached Shapleigh's 
goods, 117, 118; petition to 
General Court, 118-120; at- 
tempt to attach his property, 
98-100, 109, 115; opposed the 
attachment, 99, 100, 104, 105, 
112; out-buildings attached, 99, 

105, 100; letter concerning, 100, 
101 ; warrant for his arrest, 101 ; 
his assureties, 101 ; advised to 
keep the peace, 102; signed 
].etition to Cromwell, 141; land 
mortgaged to Russell, 441 ; men- 
tioned, 25, 101, 104, 107, 109- 
112, 116, 121. 

Mrs., 102, 109, 113, 114. 
Guy, Edwin, 319. 

H 

Hadlet, 378. 
Haels, Tho.. 346. 
Haines, William, 409. 
Hackluyts, Richard, 197, 240. 
Hale, Thomas, submitted to Mas- 
sachusetts, 80, 86; lived at West 

Saco, 87. 
Hall, 

Dodauah, 21.5. 

Capt. Joseph, 454, 459, 465, 468. 

Samuel, 175. 
Halwel, Ben j.,. 308. 
Hamans, see Hammond. 
Hamilton, the Duke of, 256, 272, 

276, 284, 285. 
Hammond. 

Edward, 311, 391. 

Jonathan, 219. 

Joseph, 215. 

William, submitted to Massachu- 
setts, 75, 85; signed petition to 
Cromwell, 140; signed petition 
to General Court, 172, 219. 
Hamms, Mark, 116. 
Hampshire Patent, 313. 
Hampton, 55, 56. 



INDEX. 



489 



Hancock, Nathaniel, 474. 
Hannot, Thomas, 150. 
Hanscom. Thomas, 311. 
Barker, John, 34, 63. 
Harman, Jolm, 396. 
Harris, Capt, 265. 
Harrison, (Japt, 272. 
Hartlib, Mr., 225. 
Harvard College. 18, 227. 
Hatch, Phillip, lived at York, .34; 
submitted to Massachusetts, 63; 

sigiitd petition to Cromwell, 141. 
Hattield, 378. 
Hathorii, see Hawthorn. 
Hatling street, 153. 
Have. La, .see Heve, La, 253. 
Hawkins, Enoch, 310. 
Hawthorn, William, commissioner, 

11, 14, 15; demanded the right, of 

Jocelyn to hold an assembly, 230, 

231; Jocelyn's answer to, 230, 

231 ; letter to General Court, 243; 

warrant to Wells, 244; notice to 

Masterson, 245; letter to Jocelyn 

and others, 245, 246; mentioned, 
20, 173, 242, 248, ^90, 300. 
Haynes, Thomas, 247. 
Heale, Nicholas, 346. 
Heanes, 

Robert, 311, 

William, 311. 
Heard, James, signed petition to 

Cromwell, 141; town clerk, 317. 
Heggeridg. Abel, 346. 
Helmen, Thomas, 345. 
Hemp, 1U9, 242. 

Henary , signed petition to Par- 
liament, 45. 
Hender, Mr., 251. 
Henrietta Maria, 233. 
Henry VIL, 197, 232, 240, 251. 
Herrings, 372. 
Hetchiugs, Enoch, 340. 
Hetherse, Robert, lived at York, 

34; submitted to Massachusetts, 

63. 
Heve, La, 142, 143, 253, 423. 
Higgansetts, the Narrow, 191. 
Highways, to be laid out, 83, 87. 
Hill, 

John, 311. 

Mr., to settle dispute between 
Godfrey and York, 123. 

Peter. SO, 86, 87. 

Richard, 345. 

Roger. 141. 

Valentine, 129. 
Hills, Joseph, 52, 57, 71. 
Hilton, 

Edward, 4, .320. 

William, lived at York, 34; sub- 
mitted to Massachusetts, 62; 
signed petition to the General 



Court, 126; signed petition to 
the king, 311. 

Hilton, , of Exeter. 313. 

Hinkiuson, Phillip, lived at West 

Saco, 87; submitted to Massachu- 
setts, 80, 86. 
Hingham, 300. 
Hippocras, 346. 
Hitchcox, Richard, submitted to 

Massachusetts, SO, 86; lived at 

West Saco, 80; sergeant. 82, 91 ; 

signed petition to Cromwell, 140. 
Hoare, 280. 
Hobbs, 

Christopher, submitted to Mas- 
sachusetts, SO, 86 ; lived at West 
Saco, 87. 

William, signed petition to Gen- 
eral Court, 219. 
Hodsdon, Joseph, 311. 
Hog i.sland, 24, 42, 59. 
Hole, John, 310, 391. 
Holland, 197. 

Mr., 5. 
Hollicum, John, 87. 
Hollmau, John, 311, 316. 
Holy island, 323. 
Homes, David, killed at Falmouth, 

454. 
Hones, William, .387, .388. 
Hooke, Francis, signed petition to 

the king, 148; justice of the 

peace, 203, 258; turned out of 

office, 314; mentioned, 146, ISO, 

215, 277, 278, ,339, 340, 390, .396, 422. 
Hooles, John, 334, 335. 
Hord, John, lived at Kittery, 25; 

submitted to Massachusetts, 22, 

41. 
Horewell, Humphrey, 54. 
Hornbroke, John, 465. 
Houchin, Jeremiah, 19. 
Houper, Mr., 152. 
House island, given to Mary Mun- 

joy, 410. 

,Howden, , of Rhode Island, 288. 

Howell, 

John, 341. 

Morgan, gave bond, 72; his case, 
77, 92; submitted to Massachu- 
setts, 84, 88; lived at Cape Por- 
poise, 89; signed petition to 
Cromwell, 140. 
How, Goodman, 174. 
Howkins, Enoch, 392. 
Hubbard, 

Jeremiah, 148. 

Mr., of Hingham, .300. 

Mr., of Ipswich, 300. * 
Hudson river, 191, 284, 294. 
Hues, Thomas, 353; his mark, 353. 
Hull, Joseph, 422. 



490 



docujmentaey history 



Humphries, Thomas, constable, 

34"); Kergeant, 346; clerk, 347; 

marshal, 347. 
Hunclicomb, Thomas, 392. 
Huiikins. Flercules, 54. 
Hunnewell, 

Ambrose, 345. 

Richard, deed from Sarah and 
Albert Jordan, 419,421. 

Robert, 87. 
Huswife sound. 441. 
Hutchinson, Elisha, 331, 394,401,402. 



IcELLE, M. I)', 435, 489, 440. 

Ince, Jonathan, ascertained the 
latitude of the Werriraac, 18, 19, 
227, 228; mentioned, 20. 

Indian trade, 404, 405, 407. 

Indians, .see Savages, complained 
of Massachusetts, 280; no at- 
tempt to convert them in Rhode 
Island. 288; method of their con- 
version in Massachusetts, 294; in 
college, 294; desired the protec- 
tion of the king, 298; peace con- 
cluded with, in the East, 378; 
depredations in the Connecticut 
valley, 378; encouraged by the 
French, 378; mentioned, .389,402, 
407, 44fi, 448, 452, 454, 456, 458, 
464, 466, 467, 471, 475; friendly, 
434, 454, 460, 462, 405. 

Iiigerfield, George, 3u6. 

Ingei'sell I George, 160, 224, 306, 

Ingersoll j 311, 349, 352, 415. 
George jr., 349. 
Joseph, 349. 
Samuel, 349. 

Inggerston, George, 311. 

Inhabitants, of Caj^e Porpoise, 88, 
89; East Saco, 87: Kittery, 25; 
West Saco. 86; York, 34. 

Inn, see Ordinary. 

Inum, Phenthas, 325. 

Ipswich, 300. < 

Ireland, 1, 137, 190, 204, 218, 259, 
416,421. 

Iron business in Plymouth, 290; 
in Massachusetts. 295. 

Iroquois, the, 430, 433-436. 

Islands, adjacent to the coast to be 
governed by the town, 163. 

Isle, 
aux Noisettes, L', 427. 
aux Renards, L', 428. 
d'Dieu, L', 4-27. 
de Larchisnagam, L', 429. 
de Mahiuguin, L', 428. 
de Montonique, L', 428. 
du Grand Menan, L', 423. 
Haut, L', 428. 
of Monhegan, the, 428. 



Isles 

of Shoals, the, part of York- 
shire, 26; remonstrance of the 
people of, 51, 52; answer to, 52; 
petition of, 53, 54; answer, 54, 
55; mentioned, 19, 20, 24, 29, 
43, 59, 68, 318, 320, 396. 

aux Loups Marins, Les, 429. 

des Channes, Les, 428. 

des I'AhSomption, Les, 430. 

des Plaisances, Les, 429. 

St. Pierre, Les, 430. 
Israelites, name given to people 

of Maine, 153. 
Ixeu, Frederick, 207. 



Jackson, Johx, 322, 333. 

Jamaica, 238. 

James, 
1., 1, 93, 195, 196, 233, 253. 
John, 448, 449. 

Jeffery / Diggerie, 148, 311, 3il, 

Jeftoury j 391. 
Gregory, submitted to Massachu- 
setts, 84, 88; lived at Cape Por- 
poise, 88; signed petition to 
Cromwell, 141 ; mentioned, 91. 
William, 4. 

Jenckiu, lienard, 25. 

Jenkings, Jabis, 311, 391. 

Jenkins, 

Reginald, 22, 41. 
Stephen, 311, 391. 

Jewell, Samuel, 54. 

Jinckins, Ilenolds, 45. 

Joanes, Rice, 54. 

Jocelyn, Henry, petition to Gen- 
eral Court, 46-48; signed petition 
to the king, 148; acted for the 
king's interest, 151; submitted to 
Massachusetts, 156; justice of 
the peace, 203, 258 ; asked by what 
right he held an assembly at 
Wells, 230; his reply, 230; re- 
corder, 259; to administer oaths, 
259; expelled from office, 314; 
letters to Nicholls, 146, 276; to 
General Court, 186, 187; and an- 
swer, 188, 190; mentioned, 93,96, 
169, 173, 180-183, 186-188, 205, 
209, 245, 247, 248, 250, 269, 271, 278, 
296, 302, 303, 304, 326, 351. 

Joeffery, see Jeffery. 

Johnson, 
Edward, commissioner, 38; sub- 
mitted to Massachusetts, 63; 
signed petition to Cromwell, 
141; signed petition to the 
king, 148; justice of the peace, 
203, 258; letter concerning the 
northern line, 225; answer to 



INDEX. 



491 



the same, 227; turned out of 
office, ;]14; petition to the king, 
354, 855 ; mentioned, 18, 52, 57, 
71. 1U7, 126, 17(), 209, 221, 2G8, 
271, 274, 277, 278, 401. 
William, 885. 
Jones, 

Alexander, 208, 209. 
Thomas, lived at Kittery, 25 ; sub- 
mitted to Massachusetts, 22, 41 ; 
sijined petition to Parliament, 
45; si<xned petition to Crom- 
well, 141. 
Jonson, William, 219. 
Jordan, 
Albert, deed to Hunniwell, 419, 

421. 
Domiuicus, 311, 416-419. 
Ensign, 466. 
Jeiemiah, 311, 421. 
John, 311. 
Mary, 42* ». 

Robert, court held at his house, 
156; submitted to Massachu- 
setts, 157; Falmouth's petition 
against, 160; Cleeve's petitions 
against, 164, 105, 176-179; to 
answer the order, 166; abused 
by Thoipe, 168,169; Crowne's 
petition against, 175; justice of 
the peace, 203, 258; asked by 
what right he held an assembly 
at Wells, 23(», 231; his reply, 
230, 231; declaration as com- 
missioner for Gorges. 248, 249; 
impi-isoned for baptizing chil- 
dren, 291; mentioned, 168, 173, 
187, 188, 2 15, 250, 269, 314, 419. 
Samuel, 311. 
Sarah, 419-421. 
Jorselin, -see Jocelyn. 
Jourdan, .see Jordan, Thomas, 151. 
Jowell, Richard, 311. 
Jurdan, see Jordan. 
Jurisdiction, of Massachusetts, 11, 
14-16, 18, 19, 22-25, 31-33, 35, 40- 
42, 61-63, 67-69, 71, 72. 74, 75, 79- 
81, 83-86, 89, 92, 132, 136, 137, 
148-150, 156, 157, 173, 221, 261, 
266, 29G. 

K 

Keitekey, see Kittery. 
Kelly, 

Reynald, .345. 
Roger, 396. 
Kennebec, 

report of commissioners to, 201, 
202; boundary of, 298; people 
of, 298; had no government, 
298; a justice appointed for, 



299; products of, 299; govern- 
ment to be settled for, 330, 
331 ; Gardner, treasuier of, 344; 
mentioned, 345-348, 465. 
river, see Riviere de Quinibequy, 
boundary of Duke of York's 
patent, 190; boundary of Prov- 
inre of Maine. 201; mentioned, 
262, 298, 336, 356, 357, 427, 428, 
430. 473. 
Kennebunk,' ferry licensed at, 91. 
Kent, County of, 191, 
Keny, John, 311. 
Keve, la, 142, 14:3. 
Key, 
at the sign of the, 153. 
John, 392. 
Kinebeque, see Kennebec. 
King, Richard, 311, 391. 
King's Lynn, 94. 
Kiik, 

David, captured region of Can- 
ada, 233 234. 
John, engaged in colonization, 
197, 198; representation con- 
cerning Acadia, 232-240; his 
loss, 234; not paid. 235; sent 
out the Mary Fortune, 235, 240. 
Sir Lewis, engaged in coloniza- 
tion, 196-198; representation 
concerning Acadia, 232-240; 
governor of Quebec, 234, 238; 
bis loss, 234; not paid, 235, 238, 
241 ; sent out the Mary For- 
tune, 235, 241. 
Kittery, to be received under the 
government of Massachusetts, 11, 
14; grant to Thomas Broughton, 
12; civil government settled at, 
19-21, 23. 42; court held at, 23; 
submitted to Massachusetts. 23- 
25, 28 ; grants to. 24, 25-31 ; officers 
of, 24; inhabitants of, 25; to be a 
township, 26, 29; the inhabitants 
to be freemen, 26, 29; debts to be 
collected in, 28, 30; boundaries 
laid out, 85, 36, 64; petition to 
Parliament, 43, 44; remonstrance 
of, 51, 52; people of, encroached 
on the rights of Capt. John 
Mason, 94-86; petition to Crom- 
well, 137-142; home of Robert 
Cutt, 258; order concerning Sab- 
bath breaking, 267; agreement 
concerning religious worship, 317; 
petition concerning a minister, 
338-340 ; answer to the same, 341, 
342; mentioned, 12. 32, 35, 39, 42, 
43. 59-61, 66, 98. 102, 110, 112, 155, 
156, 158, 183-185, 203, 207, 262, 267, 
274. 30G, 310, 312, 335, 393, 396. 



492 



DOCUMENTARY HISTORY 



Knight, 

Ezekiel, submitted to Massachu- 
setts, 72; signed petition to 
Cromwell, 140; signed petition 
to General (^ourt, 219; men- 
tioned, 74, 76, 77, 90, 91, 306, 396. 

Ezekiel jr., signed petition to 
General Court, 219. 

George, 319. 

Robert, lived at York, 34; sub- 
mitted to Massachusetts, 62; 
signed petition to the General 
Court, 126; signed petition to 
Cromwell, 141 ; mentioned, 131, 
379. 

Roger, 95. 
Korkett, William, signed petition 

to Cromwell, 141. 



Laconia, 93. 320. 
Laffillard, 143. 
Lake, 
Baquacack, 320. 
Champlain, 430. 
St. Louis, 430. 
St. Pierre, 430. 
St. Sacrement, 430. 
Thomas, deed from Littlebury, 
321; giant to Robert Morgan, 
336, 337; mentioned, 322. 
Winnepusseaket, IS, 227-229,470. 
Landais, Tiiomas, 440. 
Lander, John, 104, 108. 
Lane, James, 310. 
Langly, Thomas, .340. 
Langsberry, Greggory, .346. 
Lard, John, 311. ' 

La Tour, Charles St. Estine de, dis- 
discovered Nova Scotia, 195, 197; 
built Fort St. John, 195, 2.53; en- 
gaged Alexander to support his 
right in Nova Scotia, 195; grant 
from Alexander, 196, 253; French 
made war upon, 196; mortgaged 
Fort St John, 196; to seize Do- 
brey, 196; married Dobrey's wid- 
ow, 196; in possession of Port 
Royal, 196; his possessions seized, 
197; the same restored, 197; occu- 
pied Nova Scotia, 253; knighted, 
253; driven away by Donee, 254; 
to hold the fort for Great Britain, 
254; took possession of Cape 
Sable, 2.53; mentioned, 142, 234, 
431, 432. 
Lawrence, Robert, 416-418, 
Lawson, Christopher, 247. 
Laye, 142. 

Layton, John, 87, 140. 
L'Borgne, governor of Acadia, 199; 
captured an English ship, 200; 
in London, 200. 



Leader, 
George, lived in Kittery, 25; sub- 
mitted to Massachusetts, 41. 
Richard, opposed the govern- 
ment of Massachusetts, 14-16; 
petition of Kittery against, 43; 
trespassed on Mason's prop- 
erty, 43, 55-57; his goods at- 
tached, ,55, 56; gave bond, 56; 
committee to settle the dispute, 
57,58; decision postponed, 58; 
Mrs. Mason's case against, 95, 
96; mentioned, 12, 25. 
Lebbe, Henry, 311. 
Leighton, John, 87, 140. 
Letherbee, Stephen, 311. 
Leuy, George, submitted to Massa- 
chusetts, 1.57. 
Leverett, John, commissioner, 14, 
15,220; to settle the eastern parts, 
206 ; at Fort Hill, 2.56 ; mentioned, 
20. .57, 116, 149, 255, 270, 274, 301, 
307, 310, 313, 319, 321. 
Lewis, 

George. 7, 8, 63, 160, 224, 325. 
John, 325. 

Philip, 311, .354; his mark, ,3.54. 
Thomas, grant to, 1-4; extent of 
grant, 1, 2; consideration of 
grant, 2, 3; date of, and de- 
livery of, 4. 
Liddon, George, 341. 
Liesse, Didace de, 432. 
Ligouia, 0, 8, 9, 93, 137. 
Liman, John, 22. 
Limestone, 288. 
Linn, Sarah, 108, 209. 
Liquors, 348. 
Liscom, 
George, 340. 
William, 148, 
Littlebury, John, petition to the 
General Court, 312, 313; his lands 
claimed by others, 312, 318, 319; 
report on his claims, 319, 321; to 
receive a deed for his land, 320, 
321 ; gave a deed to Lake and 
others, 321; another petition of, 
321,322; desired to have his land 
set off, 322; desired funds, 323; 
to receive five pounds, 323. 
Little Chabaick, 166. 
Littlefield, 
Anthony, submitted to Massa- 
chusetts. 75, 85. 
Edward, submitted to Massachu- 
setts, 75, 85; advised to desist 
from asserting his religious 
opinions, 78; mentioned, 172. 
Francis, submitted to Massachu- 
setts, 75, 85; petition to the 
General Court, 219; court to 
be held at his house, 244; men- 
tioned, 172, 306, 315. 



INDEX. 



493 



Littlefield, continued. 

Francis jr., submitted to Massa- 
chusetts, 75, 85; signed peti- 
tion to the General Court, 219; 
mentioned, 172. 
John, submitted to Massachu- 
setts, 85; signeil petition to ihe 
General Court, 219; mentioned, 
172, 306, 396. 
Thomas, submitted to Massachu- 
setts, 75, 85; signed petition to 
the Genen^l Court, 219; men- 
tioned, 172, 311, 392. 
Little Harbor, 318, 319, 322. 
Load, see Lord. 
Lobsters, 298. 

Lockwood, Richard, 328, 329. 
Loder, John, 475. 
London. 10, 43, 45, 55-58, 153, 200, 

288. 296, 319, 323. 
Long Cricke, 167. 
Long Island, 191, 441. 
Lord, Abraham. 311. 

Nathaniel, submitted to Massa- 
chusetts, 41 ; signed petition to 
Parliament, 45; signed petition 
to Cromwell, 141. 
Nathaniel jr., 311. 
Lords' Commissioners of Foreign 

Plantations, 343. 
Louis, 

XIFL, 142, 2.33, 234, 253. 
XIV., 254. 
Lovis, Goodman, 34. 
I;Owd, Francis, 387, 388. 
Lues, .see Lewis. 

Lusher, Eleazer, 166, 172, 188, 206, 
274. 

Lusher, , 270. 

Lutterell, Francis, 251. 

Lux, Nikolas, deposition of, 98,99. 

Luxtou's Sound, 441. 

Lygonia, see Ligonia. 

M 

Macerijtg, Edward, 308. 

Mackerell, John, 311. 

Macworth, 
Arthur, 226. 
Jane, .306. 

Madahameouit, 426. 

Madder, Mr., 300. 

Madeford, Joel, 353; his mark, 353. 

Madineer, Michael, 156. 

Mahoue, Mr., 315. _ 

Maiccheson, Mr, 153. 

Maine, Province of, to be under 
the jurisdiction of Massachu- 
setts, 14; commissioners of Mas- 
sachusetts, opposed by Godfrey 
and others, 15; letter to Col. 
NichoUs, 146; people of, petition 
to the king, 147, 297, 298, 309-311; 



Godfrey, governor of, 151-153; 
threw off the jurisdiction of 
Massachusetts, 186-lSS; Massa- 
chusetts determined to hold her 
government of, 189; commission 
to justices of the peace, 258; to 
be under the king's protection, 
258, 262; Massachusetts forbid- 
den to molest the people of, 259, 
260; claimants in to make their 
claims known, 2oi); troubled by 
controversies in Massachusetts, 
261; orders to military officers, 
271 ; boundaries of, 297; granted 
to and named by Gorges, 297, 309; 
people of, desire the jurisdiction 
of Massachusetts, 297 ; free towns 
in, 298; products of, i;9S; to hold 
sessions in Kennebee, 299 ; officers 
appointed by the king's commis- 
sioners turned out by Massachu- 
setts, 314, 315; enemies to Gorges 
in, 315; return of the committee 
on matters relating to, 3S2-3S5, 
400-402; Massachusetts to iiave 
jurisdiction over. 386; fort to be 
erected, 389; government to be 
established, 390; purchased by 
Massachusetts, 361, 395; people 
in dissent to the government of 
Massachusetts, 391-3^-3; lands in 
to be surveyed and sold, 391 ; peo- 
ple satisfied with government of 
by Massachusetts, 394-396; en- 
croachment by government of 
New York, 397; Massachusetts to 
maintain and defend her jurisdic- 
tion, 397, 398; Massachusetts de- 
sired to be reimbursed, 40U; con- 
dition of, 401, 402; to maintain 
sohiiers, 402; proposals to settle 
affairs in, 405-407; mentioned, 14, 
53,55,56,137,144, 148, 150,151, 
201-204, 207, 219, 246-251, 258-261, 
265, 269, 277, 278, 283, 3L^5, 356, 
362, 392, 401, 405, 409, 412-414, 416, 
.418,440-444, 465. 
Mallet, Hosea, 387, 388. 
Mansfield, William, 311. 
Mante, Cosme de, 432. 
Marks, of Arthur Auger, 157; 
Sampson Auger, 141; Samuel 
Arkemo, 157; Stephen Batson, 
217; Jonas Bayley, 156, 170; An- 
drew Hraraes, 156; N. Bully, 141; 
N. Bully jr., 140; Thadeus Clarke, 
353; John Cole, 217; Abraham 
Conly, 141; L. Davis, 353; VV. 
Dixon, 141; N. Edgecomb, 157; 
J. Frost, 421; N. Frost, 141; J. 
Grant, 369; M. Graves, 447; S. 
Grensled, 353; D. Goodwin, 185; 
T. Haunot, 156; T. Hues, 353; K. 



494 



DOCmiENTARY HISTORY 



Kniglit, 141; G. Leuy, 157; P. 
Lewis, 354: N. Load, 141; J. 
Madefoid, 358; R. Martin, 157: 
R. Mendii, 141; M. Muig.in, 337; 
R. Morgan, 3-^7; G. Mounticu, 
140, 217; D. Movoak, 353; Nan- 
aadcoiiit, 409; W. Neuuell, 140; 
S. Penlye. ;H53; J. Phillips, 157; 
J. Rntter,4-17; «. Scarlet, 217; A. 
Shapley, 380; T. Skillion, 354; J. 
Smith, 141; T. Spaiill. 354; T. 
Spencer, 141; R. Stanford, 353; 
IJ. Stivenes, 316; S. Stover, 141; 
G. Taylor, iSO; J. Timey, 157; S. 
Trote, 217; P. Turbat, 217; R. 
Turner, 353; D. Waklye, 353; A. 
Walden, 353; Waraadbicton, 409; 
T. Warner. 217; R. Waymoiith, 
140; N. White, 156; J. Whitfoot, 
353. 
Marlboron^li, 174. 
the Duke of, 314. 
Mariel, John, 391. 
Martha's Vineyard. 191. .SCO, .383. 
Martin, Richard, 48, 157, 306, 315, 

325. 
Mary Fortune, the, sent out to 
trade. 198, 235, 241; captured, 
198, 285, 238, 241. 
Marshall. Robert, 340. 
Mason, 
Ann, Joseph her agent, 45, ,55- 
58; executrix of her husband's 
estate, 55; case of, 93-90; be- 
qut's»s to, 94. 
John, killed at Falmouth, 4.54, 
John. 311. 

Capt. John, bequests in his will, 
93, 94; built saw-mill, 95; his 
territory usurped, 292; died, 
296; agreement with Little- 
bury, 312; mentioned, 43, .55, 
96,149,207,319,320. 
Joseph, signed petition to Par- 
liament, 45; agent for Ann 
Mason, 45, 55-57, 93; action 
against Leader, 55, 57; dispute 
to he settled by a committee, 
57, 58; decision postponed, 58; 
land claimed by, 201. 283; sent 
masts to England. 265; advice 
to Robert Mason, 26.i; letter of, 
250-266; mentioned, 94-96, 149, 
151,283. 
Robert Tufton, letter from Joseph 
Mason, 265, 266; New Hamp- 
shire granted to, 296; willing 
to give up his patent, 342, 34;"; 
mentioned, 94, 256, 358, 361-365, 
370, 380. 
Capt. Robert, 296. 
Dr. Robert, 94. 
Sir Robert, 261. 



Mason ia, 93. 
Massachusetts, 

Kittery to be received under the 
government of, 11, 19-21, 23, 25, 
28,31; report of commission- 
ers, 14, 23, 39; opponents of, 
1;), 16; Godfrey's letter to, 16- 
J8; settled civil government at 
Kittery, 19,23; commissioner's 
notice, 1652, 20; submission of 
Kittery, 23, 34; signatures of 
people who submitted, 23, 24; 
summons to Aggamenticus, 31; 
submission of Aggamenticus, 
35 ; usui-pation of, 148, 149, 261. 
263, 264, 294; her jurisdiction 
thrown off, 186, 187; protest, 
]87, 188; answer to protest, ISS- 
190; forbidden to molest the 
people of Maine, 204, 258, 260, 
309, 310; Cape Porpoise desired 
the jurisdiction of, 216, 217; 
Wells, Falmouth and Scar- 
borough desired the govern- 
ment of, 218-224; set up a 
bound house, 261; opposed the 
king's commissioners, 262 265 
2m, 290-292, 295; people de- 
sired to be free from, 266-268; 
not to molest Strawberiy- 
bank, Exeter, or Dover, 270; 
presumption of, 273, 276, 281; 
Jocelyn's complaint of, 276, 
277; Connecticut complained 
of, 284; Indians complain of, 
286; opposed Rhode Lsland, 
287; sustained Punham, 287, 
288; carried Rhode Islanders 
to Boston, 2SS; disturbed Ply- 
mouth, 289, 292; report of king's 
commissioners, 290-295; hard 
to persuade to acknowledge 
the king, 290; intolerant, 291, 
292, 295; claimed extensive 
bounds, 292; usurped territory 
of Gorges and Mason, 292, 296, 
297, 309; entertained Whalley 
and Goff, 293; attempt to op- 
pose the king's authority, 293; 
assisted Cromwell. 293; desired 
to be a Free State, 293, 294; 
levy taxes as she pleases, 294; 
keep soldiers at the Castle. 294; 
how the Indians were taught 
in, 294; engrossed the trade of 
New England, 294; colleo-e at 
Cambridge, 294; part of the 
people loyal to the king, 295; 
government of, 21^5; trade and 
commodities of, 295; banished 
Wheelwright, 296; settled 
bounds with Mason, 296; 
divided New Hampshire into 



INDEX. 



495 



townships, 297; petition of 
towns in Maine to, 32t), 32 1; 
kindling desijrns npoii Maine, 
354, 355; to assist ibe eastern 
parts, 381. 382; not to maUe 
laws repngnant to EngUind, 
385; purchased Maine, 3Ul, 395; 
people of Maine objected to 
the purchase of, 391-393; her 
assistance in defending Maine 
acknowledged, 394-390; if not 
allowed to hold Maine, the 
colony desired to be re im- 
bnrsed,4l)0; mentioned, 43, 60- 
62, 65, 69. 74, 75, 88, 89, 135, 
139, 140, 144, 147, 149, 150, lo2, 
153, 155-157, 161, 174, 181, 183, 
184, 186, 188, 189, 202, 216. 215, 
268, 269, 272, 274. 300. 302, 305, 
356, 366, :^.7f», 390, 4i:8, 410, 411, 
416-419,471, 
charter, 258, 293, 296. 
Masse, 233. 

Massesusets, Massitusets, see Mas- 
sachusetts. 
Mastcrson, Nathaniel, 210, 223, 24o, 

335. 
Masts, in Acadia, 199; sent to Eng- 
land, 265, 29tt; laden at Piscata- 
way,'295, 297; sent from Boston, 
295;' in abundance, 242, 262, 280. 
Matawacke island, 191. 
Mathethews, Mathesusets, see Mas- 
sachusetts. 
Mattau I Hughbert, subnntted to 
Mattoone ] Massachusetts, 22, 41. 
Matthews. Walter, 54, 247. 
Mattoun, Rupert, 25. 
Mauxe, M. de, 435. 
Maverick, 
Autipas, 10, 25, 41. 
Samuel, letter to Arlington, 272- 
275; mentioned, 181, 188, 204, 
205, 256, 257, 259, 260, 2GS, 275, 
281,355. 
Mayhew, Mr., 300. 
Mayo, Mr., 300. 
M;iysterson, .see Masterson. 
Meaguasset Ba;', 336. 
Megesse, 424. 

Meiatuties, .see Massachusetts. 
Memoires Generales de 1' Acadie, 

422. 
Mencil, M.,434. 

Mcudam ] Robert, submitted to 
Mendham ! Massachusetts, 22, 41 ; 
Meiidom [ constable of Kittery, 24, 
Mendum J 43, 59; lived at Kitcery, 
25; depositions of, 98, 99, 104- 
106, 109; appraised goods of Gun- 
nison, 104; 111, 11-^, 118; signed 
petition to Cromwell, 141 ; select- 
man of Kittery, 340, 341. 



Meredv, John, 341. 
Meriimac river, boundary of Mas- 
sachusetts, 17; latitude of, un- 
certain, 18; true discovery of the 
northerly brnnch of, to be made, 
P7, 98; letter concerning the sur- 
vey of, 225; latitude of. found, 
226, 227; leturn made by Willard 
and others. 227; Aqiiedahtan the 
bead of. 227; deposition of Weaie 
concerning. 228; deposition of 
Waldern concerning, 228, 229; 
called the Pemywoke, 229; men- 
tioned, 261,201,296, 298. 
Michell, Christaner, 341. 
Micljelson, Thomas, 4-58. 
Middlesex county, 379, 398. 
Middleton, .lames, 346. 
Miles, .Joseph, lived at Kittery, 2o; 
submitted to Massachusetts, 41 ; 
depositions of, 106, 108. 
Miliquech, 253, 436. 
Mill creek, 445. 
Miller, 
Jesper, 387, 388. 
John, 311, 392. 
Richaid, 3)1, 392. 
Thomas, 85. 
Millne's river, 326. _ 

Mills to be erected at Newichwan- 

nock, .see Saw-mill, 70, 95. 
Mines, 423. 

Mitter, Thomas, submitted to Mas- 
sachusetts, 75, 157. 
Mitton, Michael, lived at Casco, 7; 
deposition of, 7; submitted to 
Massachusetts, 1.57. 
Mobhill, Christopher, 311. 
Moggerage. Jolin, 311. 
Monadoes, 265. 

Monhegan, 330, 345-348, 428. - 
Moujoy, see Munjoy. 
Montague, Griffin, constable, TZ; 
submitted to Massachusetts, 84, 
88; lived at Cape Porpoise, 88; 
signed petition to Cromw<.-ll, 140; 
signed petition to the General 
Court, 217. 
Montreal, 430. 

Moody. , 340. 

Moore I Jacob, committed to prison. 
More 5 4.50; gave bond, 447; sent 
home, 450; costs to, 451. 
Richard, lived at Capo Porpoise, 
89; deposition of, 109; signed 
petition to Massachusetts, 217; 
mentioned, 73, S3. 168. 
William, lived at York, 34; sub- 
mitted to Massachusetts, 62 
Godfrey's grant to, confirmed 
127; mentioned, 311,391. 
Moot's brook. 420. 
More, see Moore. 



496 



DOCUMENTARY HISTORY 



Morgan, 

Fiancis, ?,40. 
Mary, ;>36. 

Robert, o;rant to Clarke and Lake, 
836, oo7; sold land to Lawrence 
Dennis, ooS. 
Morice, Sir William, letter from the 
governor of New England, "^25; 
letter from Sir Robert Carr, 279, 
281. 
Morill, John, 311. 
Morse fishing, 242. 
Mosse, Tho., 311. 
Moulton, 

John, 3S7, 388. 
Tho., 210, 215. 
Mounticn, see Montague. 
Movoah, Dennis, 353; his mark, 

353. 
M nil joy, 
George, justice of the peace, 203, 
258; did not become a conimis- 
sionei', 278 ; turned out of ofBce, 
314; mentioned, ISO, 181, 247, 
327, 408, 410, 411. 
Mary, agreement with Dan forth, 

409, 411. 
John, 352, 353. 
Muus, Mark, deposition of, 114, 115. 

Mussel! [Thomas, 172, 311,392. 
Mussey ) 

Nanaadconitt, deed of, to Francis 

Neale, 407-409; his mark, 4u9. 
Nanhygausett, see Narragansett. 
Nantucket, 191, 383. 
Narragansett bay, 287, 288. 
county, 279, 280. 
- Narragansetts, the, surrendered to 
royal protection, 28'); defended 
by Rhode Island, 287; conquered 
their neighbors, 287; sold terri- 
tory to Rhode Island, 287; expe- 
dition against, .381. 
Narrow-Higgansetts, 191. 
Nash, Robirt, deposition concern- 
ing, 5; slandered the General 
Coiu-t, 5, 9; lived in Boston, 6, 7; 
accused of disturbing the peace, 
6-S. . 
Nason, 

Benjamin, 311. 
Jonathan, 311. 

Richard, submitted to Massachu- 
setts, 22; lived at Kittery, 25; 
signed petition to Parliament, 
45; mentioned, 244, 247, 310, 391. 
Natives, see Indians and Savages, 

disturb the eastern parts, 376. 
Neale, 
Francis, signed petition to Gen- 
eral Court, 224; order to, from 



Gorges' commissioners, 250 ; his 
answer, 25u; deed from Nana- 
adconitt, 407—109: mentioned, 
168,230, 231, 243,'246, 247,306, 
308,315, 316, 318, Stb. 
John, 311. 
Neck, the, 166, 410. 
Nesh, Isake, 102. 
Neuuell, Walter, 140. 
Newberry, 300. 

New England, see Nouvelle Angle- 
terre, 1-4, 9, 22, 25, 28, 32, '35, 
41, 62, 75, 89, 93, 95, 96, 121, 
136, 137, 144, 147, 149, 150, 
152-154, 156, 190, 196, 201, 202, 
205, 225, 227, 251, 252, 262, 276, 
277, 279, 282, 283, 288, 289, 293- 
295, 299, 309, 312, 318, 320, 321, 
336, 340, 342, 344, 356. 3()6, 379, 
392-394, 409, 410, 416, 424, 428, 
431, 440, 442, 443, 446, 448. 
New France, see Nouvelle France, 

142, 143, 199, 253, 254, 424, 431. 
Newgewanock, see Newichwan- 

uock. 
New Hampshire, granted to Robert 
Mason, 29(5; boundary of, 296; 
usurped by Massachusetts, 296; 
called Norfolk, 296; people of 
divided concerning the jurisdic- 
tion of Massachusetts, 2iH); ma- 
jority disliked the jurisdiction, 
297; divided into townships, 297; 
mentioned, 93, 253, 266, 315, 362, 
475. 
New Haven, 288, 293. 
Newichwauuock, 55, 56, 58, 93, 94, 
96. 134, 135, 203, 258, 468, 469. 
falls, 320. 

river, saw-mills erected on, 70, 
95 ; land near, sold to Thomas 
Spencer, 12. 
New IMymouth, boundary of, not 
determined, 286; loyal to the 
king. 289, 290; made but one 
complaint, 289; liberal in religion, 
289; disturbed by Massachusetts, 
289, 292; towns in, 290; condition 
of, 290. 
New Scotland, 190, 253. 
New York, 261, 272, 277, 356, 377, 

386, 397. 
Nichols, 
Sir Edward, Godfrey's letter to, 

153. 
Matthias, 195,377. 
Nicoils, Richard, letter from Cart- 
wright, 255-257; had not visited 
the eastern parts, 265; letter, 
from Jocelyn and others. 276, 277; 
mentioned. 146, 188. 207, 261, 262 
272, 273, 278, 290, 302, 305, 313. 
Noel, Thomas, 94. 



INDEX. 



497 



Nousuch point, 167, 466. 
Norfolk, 
a name given to New Hampshire, 

290. 
county, 20, 68. 
England, 94. 
Northampton, 378. 
Northern line, letters of Willard 
and Johnson concerning, 225, 
227; Clarke and Andrews' obser- 
vation. 226, 227. 
North Yarmouth, 467, 473. 
Norton, 
Henry, lived at York, 34; sub- 
mitted to Massachusetts, 63; 
opposed by Gunnison, 99; 
served a warrant upon Gunni- 
son, 101 ; signed petition to 
the General Court, 126; God- 
frey's grant to, confirmed, 127; 
signed petition to Cromwell, 
141; mentioned, 33, 64, 118, 181, 
422, 
the Rev. Mr,, 134, 135. 
Nouvelle, 
Angleterre, see New England, 

433-436. 
Ecosse, see Nova Scotia, 438. 
France, see New Fiance, 232, 234, 
433, 434, 436, 438, 439. 
Nova Scotia, extracts relating to, 
195-197; discovered by La Tour, 
195, 197; its discovery claimed 
by the English, 197, 232, 236, 240; 
forts in, claimed by the French, 
232 ; captured, 237 ; Sedgwick sent 
to subdue, 236; English title to, 
240-242 ; abstract of title ot' lands 
in, 2.52, 2.54; occupied by La Tour, 
2.53; grants in, to Alexander, 253; 
Barons of, 253; never held by New 
Hampshire, 2.53; lands in, granted 
to Sir William Temple, 299; men- 
tioned, 199, 201, 4:3s. 
Nowell, 
Increase, 116. 

Samuel, grant to, 414; mentioned, 
401, 415. 
Nuttache', Cap,, 84, 
Nutter, 
Elder, 70. 
Hatevill, 52. 

O 

Oakman, Elis, 349, 

Oaks, abundant, 201, 298, 299; in 
Acadia, 426, 427, 429. 

Oath, form of, administered to jus- 
tices of the peace, 260. 

Oldham, John, 442, 

Oliver, 
David, 345, 387, 388. 

32 



Oliver, continued 

James, 300, 

Protector, 149, 

Richard, 345-347. 
Orange tree, the, 451, 
Ordinary, see Public House, John 

Davis licensed to keep one, .33, 64; 

Gunnison licensed, 24, 42, 59; 

VVells to appoint a person to keep 

one, 79. 
Osburne. Nico,, 34.5. 
Otwell, Joseph. 441. 
Oyster river, 470. 
Oysters in abundance, 298. 



Page, Col., 447, 450. 
Paine, John, 465. 
Paltinate of Durham, the, 309. 
Palmer, 
Henry, 346. 

John, 346, 347, 444, 447, 448. 
John jr., 346. 

William, lived at Kittery, 25; sub- 
mitted to Massachusetts, 22, 
41, 
Palmer, , wounded at Fal- 
mouth, 454, 
Pancatuck, 228. 
Panicuit, 428. 
Paris, 143, 438, 440. 
Parker, 
Basil, 10. 

George, lived at York, 34; sub- 
mitted to Massachusetts, 62; 
signed petition to the General 
Court, 120; his grant from God- 
frey confirmed, 127; signed 
petition to Cromwell, 141. 
James, 4. 

John, deposition concerning, 6; 
lived at York, 34; submitted to 
Massachusetts, 62; signed peti- 
tion to the General Court, 126; 
signed petition to Cromwell, 
141; ordered to keep Weare a 
prisoner, 200, 215; mentioned, 
345, 387. 3S8, 465, 
Thomas, 345, 387, 388, 

Capt. , 351, 

Parliament, petition of Kittery to 

the, 43, 44, 
Parmenter, John, 448, 450. 
Parnell, Thomas, 346. 
Pascataqua, 
harbor, 112. 

river, boundary of Yorkshire, 26, 
28, 29; valuable as a place of 
trade, 150, 297; mentioned, 11, 
20, 26, 43, 08, 75, 81, 84, S9, 1U7, 
108, 1.50, 201, 262, 274, 312, 314, 
383, 442. 



498 



DOCtnVIENTAEY HISTORY 



Pascataqua, continued, 
seltlenieiit of, king's commission- 
ers at, 292; relief to be sent to, 
381,382; mentioned, 15, 18, 51, 
52, 93-95, 115, 116, 208. 228, 265, 
295,314. 320. 
Pask, river of, 11. 
Passage de France, 422. 
Patten, Tliomas, 311. 
Pattishall, Capt. Edmund, 345, 347. 
Paty, Thomas, signed petition to 

General Court, 219. 
Paull, Daniel, submitted to Massa- 
chusetts, 22, 41; lived at Kittery, 
25. 
Pawcatuck river, 284. 
Peake, Adermau, 153. 
Pearce, sec Perse. 
John, signed petition to the king, 
148; signed petition to General 
Court, 126. 
Pvichard jr., 346. 
Pearson, George, 400. 
Pecters, Heugh. 152. 
Peirce, Capt., 299. 
Peirsou, George, 413. 
Pell, 

Dr. John, .356. 
Thomas, 356. 
Pemaquid, 
river, boundary of the Duke of 
York's patent, 190; mentioned, 
201, 262, 298. 

settlement, court held at, 343; 
Gardner to have charge of af- 
fairs at, 347; Andros sent a 
party to, 378 ; New York gov- 
ernment encroached upon, 397; 
the government of, by Massa- 
chusetts, to be maintained, 397, 
398; mentioned, 330, 344, 345, 
347, 348, 386, 388, 451, 462, 465. 
Pemywoke river, nov? the Merri- 

mac, 229. 
Pendleton, Brian, petitioned to 
General Court, 155 ; character of, 
315; enemy to the interests of 
Gorges, 315; mentioned, 21, 23, 
24, 28, 31, 32, 37, 39, 40, .50, 52, .54, 
60-62, 64, 66, 69, 71, 73, 79, 93, 99, 
100, 103, 107, 108, 300, 306, 396. 
Penecoke Indians, 464. 
Penlye, Sampson, 311, 353 ; mark of, 

353. 
Pentagonet, fort built at, 424, 425; 
assisted by the king, 424, 425; 
mentioned, 142, 143, 198, 253, 254, 
424, 428, 429, 430. 
Penuset, 434-436. 
Pequid Indians, 287. 
Peril, Sampson, 308. 
Perse, see Pearce. 
Persons, John, 392. 



Pessicus, 286. 
Pesumkitt river, 408. 
Pesumscott falls, 464. 
Petite Piiver, La, 426, 429._ 
Petnaquind, see Pemaquid. 
Phenicks, John, .341. 
Phillips, 
John, submitted to Massachu- 
setts, 157 ; guilty of fornica- 
tion, 308; mentioned, 341, 441. 
Mrs., report on the claims of, 442, 

443. 
Nathaniel, .304. 
Thomas, 345, 346. 
Walter, 338. 

William, signed petition to the 
king, 148; justice of the peace, 
203. 258; turned out of office, 
312; mentioned, 146, 244, 247, 
,346, 357, 4.52. 
Phllpot lane, 1-52. 

Phipen, , complained of, 308. 

Phippen, Joseph, 160. 
Pierce, see Perse, Capt, 202, 293. 
Pigott, 195. 

Pike, Capt. Robert, commissioner, 
220; mentioned, 182,248,250,300, 
301, 306, 313, 401. 
Pine point, 209. 
Pines, 298. 

Pipe-staves, 295, 319. 
Piuchon, Major John, 401. 
Piscataqua, see Pascataqua. 
Piscataway, see Pascataqua. 
Pitch, 199, 242. 
Plaisted. Roger, 141, 306. 
Plymouth colony, see New Ply- 
mouth, 
corporation, 319. 
council, 161, 321. 
Pointe aux Chesnes, La, 426. 
Point Judith, 279, 283. 
Ponbokine lake, 22.5. 
Pontanhum river, 225. 
Porter, John, 272, 300. 
Port, 
La Heue, 200. 
La Tour, 423. 
Rossignol, 437. 

Royal, in possession of La Tour, 
196; captured by the English, 
198; restored to France, 198; 
recaptured, 198; settlers moved 
from, 423; mentioned, 142, 143, 
240, 241, 253, 254, 422, 423, 425, 
437. 
Portsmouth, taxed for war ex- 
penses, 350, .351 ; mentioned, 137, 
273-275. 
Pousland, Richard, 349. 
Poutring court, usurped Acadia, 233, 
Povey, Thomas, letter to, from 
Godfrey, 251, 252. 



INDEX. 



499 



Preble, Abraham, lived at Tork, 34 ; 
commissioner. 08; submitted to 
Massachusetts, 63; his grant from 
Godfrey confirmed, 127; sij^ned 
petition to Cromwell, 141; men- 
tioned, 6"), 12(3. 896. 

Presbyterians in Connecticut, 285. 

Prescott, Lieutenant, 471. 

Preston. 161. 

Pride, John, 345. 

Priscutt, Jonathan, 448. 

Prout, Joseph, letters of, to the 
governor and council, 451, 452, 
4.57-459; to Hradstreet, 467, 468. 

Provinces Unies, 434, 436. 

Public house, see Ordinary, licensed, 
347, 348. 

PudinsTfcon, John, 311, 392. 

Pulraan, Jaspei-, 311, 391. 

Pun ham, 287. 
Purcliase, 
Samuel, 197, 240. 
Tbomas, 245. 

Purchis, Lieutenant, 331. 

Purinton, John, 217. 

Purston, Tliomas, 22. 

Puscataquah, see Pascataqua. 

Q 

Quakers, 287, 292. 395. 

Quamphegon falls, boundary of 
grant to Broughton, 12; land 

■ near sold to Koules and Spencer. 
12. 

Quebec, captured by Kirk, 234 ; ex- 
pense of Kirk on the fort at, 235; 
mentioned, 237, 239, 24U, 241, 434, 
435. 

Quebiscint, 427. 

R 

Raines ) see Raynes, Nathaniel, 

Kainoh (311, 391. 

Ealph, Mr., 461. 

Kaniay, Ciiristian, signed petition 
to Parliament, 45. 

Ptamuck, William, 392. 

Randell, James, 311. 

Randolph, Edward, 358, 360, 366, 
370, 3S3. 

Easily, M. de, 143, 423. 

Raspberries, 298. 

Rawson, Edward, letters to God- 
frey, 16-18; to Andros. 376, 377; 
mentioned, 13, 20, 49, 55, 58, m- 
71, 73. 79, 85, 86, 88, 93, 96-98. 101, 
102, 114, 122-124, 129, 131-133, 137, 
141, 142, 1.55. 159, lt;3, 171, 173, 174, 
176, 180, 190, 205, 206, 220, 221, 
225, 227-229, 267, 302, 307, 313, 317, 
322, 323, 325, 328, 330, 332, 333, 
335, 3(52-36;, .366, 379, 3Sl, 382, 336, 
389, 391, 397, 400-402, 405, 407, 411- 
414. 



Rayilly, M. de, see Raisly. 
Kayner ) .see Raines, Francis, sub- 
Raynes S mitted to Massachusetts, 
62; signed petition to (General 
C'ourt, 126; signed petition to 
Cromwell, 141; warrant for his 
arrest, 211; mentioned, 33,34,134, 
187. 188, 3(J6, 315, 327, 340. 
Reading, Thomas, submitted to 
Massachusetts, 80, 86; lived at 
Saco, 87. 
Reener, William, 311. 
Reeves, William, depositions of, 99, 

100, 106, 107. 
Reims. Felix de, 432. 
Reinolls, see Reynolds. 
Religion in Maine, 384. 
Rely, Jolin. 387, 388. 
Remington, Jonathan, 382. 
Remonstrance of Pascataqua to the 
General Court, 51, 52; answer to 
the same. .52. 
Remuneration of a minister, 135. 
Remuth, Christian, 41, 311. 
Renolls, see Reynolds. 
Reyly, John, 387, 388. 
Reynolds, 

William, submitted to Massachu- 
setts, 84, 88; lived at Cape Por- 
poise, 88; to keep a ferry. 91; 
signed petition to Cromwell, 
140; signed petition to the 
General Court, 217. 
William jr., signed petition to 
the General Court, 217. 
Rhode Island, returned thanks to 
the king's commissioners, 285; 
submitted to royal authority, 285; 
condition of, 285; liberal in re- 
ligion, 285, 287; boundaries of, 
286, 287; hated by Massachusetts, 
287; defended the Narragansetts, 
287; the rights of the peoi)le of, 
settled, 287; annoyed by Massa- 
chusetts, 277-282, 2'.'2; received a 
charter, 288; not admitted to the 
confederation, 288; towns in, 288; 
government of, 288; no forts in, 
288; agriculture in, 288; men- 
tioned, 256. 
Rice, Goodman, 174. 
Rice I. Thomas, 22, 25, 41, 310, 341, 
Rise S 391. 

Richard, Protector, 149. 
Richards, John, .336, 362, 452. 
Richelieu. Cardinal, 1-12. 
Richmond's island, 7, 203, 25&. 
Riddan, Thaddeus, 58. 
Rider, 
John, .349. 

Phineas, signed petition to the 
General Court, 160, 224. 



500 



DOCUIMENTARY HISTORY 



Rigbie | Alexander, appointed 

Rigby ( Cleeves governor of Ligo- 
nia, 8, 9; his authority dis- 
puted, 130; Cleeves his deputy, 
161; dead, 161. 
Edward, Cleeves his deputy,, 161. 

Rise, spfi Rice. 

Rishworth, Edward, opposed the 
jurisdiction of Massachusetts, 
14-16; lived at York, 34; com- 
missioner, .S8; submitted to Mas- 
sachusetts, 63; sisjned petition to 
Cromwell, 141 ; signed petition 
to the king, 148 ; justice of the 
peace, 203, 258; recorder, 259; 
empowered to administer oaths, 
259; petition to the king's com- 
missioners, 354. 355; lettei'S to 
Endicott, 133-135; To Carr, 269; 
to Walderu, 333, 334 ; mentioned, 
33, 64, 65, 102, 119, 123, 126, 146, 
159, 1H8. 179-181, 185, 187, IbS, 189, 
204, 206, 208, 211, 214, 215, 218, 
247, 250, 268, 271, 274, 277, 278, 
314, 315, 326,369, 390, 396, 405, 422, 

River, 
ot Canada, .see River St. Law- 
rence, 190, 198, 232-234, 240, 241, 
424. 
St. Johns, fort built on, 195, men- 
tioned, 142, 424, 426, 429, 430. 
St. Lawrence, see River of Can- 
ada. 

Riviere, 
D'Amaie, La, 429. 
de Comitou, 428. 
de Pentiigonet, 429, 430. 
de Pescedona, La, 428, 430. 
de Quebec, 438. 
de Quinibequy, see Kennebec 

river, 423, 425, 435. 
de St. George. 423, 425, 428. 
St. Jean, see River St. Johns. 

Roberts, 
Lord, 251. 
William, 341. 

Robins, Symon, 229. 

Robinson, Francis, deposition of, 
325, 326. 

Rockmand, M. de, 234. 

Roffe. Mr., 153. 

Rogers, 

Robert, 311. 

Thomas, submitted to Massachu- 
setts, 80, 86; lived at EastSaco, 
87. 
William, submitted to Massachu- 
setts, 62 ; mentioned, 34, 311. 

Rope, James, 445. 

Roiham, Humphrey, 353. 

Ross, James, 440. 

Rouen, 143. 

Roules, Sagamore, 12. 



Round About, the, 445. 
Row, 

Anthony, 311. 

Giles, killed at Falmouth, 454. 
Rowswick Island, 387. 
Roxbury, 339. 
Royal Society, the, 358. 
Ruiters, de, 261. 
Rusford, 109, 110. 
Rushworth, see Rishworth. 
Russell, 

James, claims of, 440, 441. 

Richard, 77, 78, 92, 124, 329, 342, 
441. 
Rutters, 

John, testimony of, 446-448. 

John jr., 447, 451. 
Ryjiius, John, 316. 
Ryes, Thomas. 25. 
Ryford, John, 287, 388. 
Ryse, .see Rice, Thomas, submitted 

to Massachusetts, 22. _, 

S 

Sabbath-breaking, law concern- 
ing, 2t'6, 267. 
Saco, 
home of John Smith, 7; civil 
government to be settled at, 
67. 68; submitted to Massachu- 
Betts, 72, 80, 85, 86, 89, 92, 9S, 
1:^6; liobert Booth to preach in, 
73, 83; people of, made free- 
men, 80, 81; to be a township, 
80, 81; officers of, 82; to build 
highways, 83, 87 ; grants to, 89, 
90 ; to resist Cleeve?, 97 ; con- 
stables of, to seize Bonython, 
131-133; people of, lack cour- 
age, 134; in need of a minister, 
135; desired a resident magis- 
trate. 135; petition of, to Crom- 
well, 137-142; people excused 
from general training, 162, 163; 
to have a recorder, l(i3; men- 
tioned, 73, 1.30, 131, 137, 158, 
164, 180, 203, 258, 306, 325, 396, 
4.53, 458, 473. 
falls, 45,3. 

river, 314, 315, 442, 443. 
Sagadahoc, 
island of, 387. 
river. 2, 161,279, 443. 
fiettlemeiit, 1, 261, 262, 283, 345- 
348, 388, 442. 
Saint Germain, 143. 
St. Castine, Sieur de, 424. « 

St. Croix, 424, 429. 

river, 190. 
St. Frangois, Pere. 431. 
St. Jean, Joseph de, 432. 
St. Johns fort, see Fort St. Jean, 
built by La Tour, 195; attacked 



INDEX. 



501 



by the French, 196; mortgaged to 
Gibbons, 196; captured by the 
English, 198. 

Salco, spe Saco. 

Salem, 137, 345. 

Salisbury. 55-57, 275. 

Salmon. 427. 
falls, 12, 469. 

Sandford, 

Robert, 175, 308. 
Thomas, 308. 

Saquaische, 426. 

Sardines, 426, 427. 

Sarel, 

Andrew, 311. 
John. 311. 

Sault de la Chaudiere, 427, 4.30. 

Saunders, John, submitted to Mas- 
sachusetts, 75, 85 ; mentioned, 80, 
91, 247. 

Savage, 
Thomas, 164, 
Major , 401. 

Savages, .see Indians, 424, 426, 427, 
429, 431, 433-435. 

Saw-mill, see Grist-mill, and mills, 
at Nevrichewannock, 56,95; built 
by Leader, 96 ; in Falmouth, 166, 
167; built by Gidney, 399; at 
Plmouth, 290 ; at Saco, 453 ; men- 
tioned, 402. 

Sawyer, Henry, 315. 

Sayward, Henry, 205, 210, 215. 

Scadlocke, William, submitted to 
Massachusetts, 80, 86 ; grand- 
jurymen, 82 ; lived at West Saco, 
86 ; signed petition to Cromwell, 
140. 

Scarborough, places to be included 
in, 158; boundary of, 158, 159; to 
try cases, 158 ; people of, excused 
from training, 162, 163 ; to have a 
recorder, 163 ; petition to the Gen- 
eral Court against Thorp, 169. 
170; desired the government of 
Massachusetts, 211, 224 ; petition 
to the General Court. 326, 327 ; 
mentioned, 176, 180-182. 306, 420, 
421, 444, 465. 

Scarlet, Samuel, 217. 

Scotland, 1, 137, 190, 195, 196, 204, 
248, 259, 416, 421. 

Scottow, 
Joshua,351, 396,419, 421. 
Thomas, letter to Major Church 
and others, 456-467. 

Seacomb, Richard, his land sur- 
veyed, 440, 441. 

Seacomb' 8 creek, 440. 

Seals, 242. 

Sealy, 

George, 54, 
Richard, 54. 



Sealy, continued. 
William, 53, 54. 
Seconnet brook, 294. 
Sedgwick, captured La Tour's fort, 
197; sent to Nova Scotia, 236, 254. 
Seers, John, 441. 
Selman, John, 346. 
Senlis, Cosme de, 4.32. 
Seybrook, fort at, 285. 
Sey, Lord, 284. 
Shad, 426. 

Shadbore, Humphrey, 141. 
Shapleigh I Anna, petition of, .379, 
Shapley S 380; in need, 379; lived 
with her son, 379; her mark, 
380. 
Nicholas, lived at Kittery, 25; 
deed to Bartley, 9, 10; sub- 
mitted to Massachusetts, 22, 41 ; 
opposed the commissioners, 14- 
16; protection to, 42, 59; his 
account of the seizure of Gun- 
nison's goods, 100, 101, 109; 
accused of acting contrary to 
law, 103, 104, 107, 108, 110; 
acted lawfully, 105; Sarah 
Linn, his tenant, 108; at 
tempted settlement with Gun- 
nison, 110, 111, 113, 114; 
goods attached, 117, 118; peti- 
tion of, 121 ; to examine the 
military affairs of Yorkshire, 
133; letter of, 207; asked by 
what right he held a court at 
Wells, 230, 231 ; his answer, 230, 
231; mentioned, 28, 30, 50, 52, 
54, 99, 101, 104, 109, 110, 111, 
116,119, 120, 159, 173, 182-184, 
245, 247, 248, 250, 310, 312, 379, 
391, 442. 
Shaw, Peter, 311. 
Shaw's gut, 444. 

house, 284. 
Shearer, Jeremy, liVed at Kittery, 
25; submitted to Massachusetts, 
22, 41 ; signed petition to Parlia- 
ment, 45; mentioned, 311, 392. 
Sheepscot, 330. 

river, 201, 262, 298. 
Sheldon, William, 148. 
Shephard, John, 341. 
Sherman, John, assisted in the sur- 
vey of the Merrimac, 18, 19, 227, 
228. 
Sheward, Dunkin, 444. 
Ships, see Bon-Content, Charles, 
Mary Fortune, and Orange Tree. 
Short, 
Clement. .391. 
Richard, 349. 
Simmons, John, 25. 

Simonds, Mr. , 11, 273. 

Simpson, John, 311. 



502 



DOCUMENTARY HISTOEY 



Simsou, Henry, 37Q. 
fcjkillon, 
John, .349. 
Thomas, :].54. 
Smale, Edward, .54. 
Small. Francis, 156, 308, 441. 
iSmelts, 873. 

Smetb, Alexander, 170. 
Smith, 

Joiin, lived at Saco, 7, 86; depo- 
sition of, 7; submitted to Mas- 
sachusetts, 78, 82; signed peti- 
tion to Cromwell, 141. 
John, of Falmouth, 440, 445. 

Mr. , 152. 

Thomas, 5, 442. 
William, 48. 
Smyth, .see Smith. 
Sokiiqiiinois, Les, 43.3. 
Soldiers, in need of clothinff and 
provisions, 451, 456-4.58, 467, 471- 
474; needed at Saco, 453; killed 
at Falmouth, 4.54; in need of 
medicines and a surgeon, 456, 
4-57, ^67, 473, 474; those in the 
garrisons to be released, 474. 
Southern colonies, 272. 
Spain, supplied with fish from 
Massachusetts, 295; Cartwright 
landed in, 299; mentioned, 202. 
Spaniaids, 242. 
Sparil, Timothy, 3.54. 
Sparks, John, 87. 
Spencer, 

Tiiomas, purchased land of 
Koules, 12; sold the same to 
Brougliton, 12; submitted to 
Massachusetts, 22, 41; lived at 
.Kittery, 25 ; signed petition to 
Parliament, 45; signed petition 
to Cromwell, 141. 
William, signed petition to Crom- 
well, 141. 
Spinny, Thomas, submitted to Mas- 
sachusetts, 22, 41 ; lived at Kit- 
tery, 25; signed petition to Par- 
liament, 45. 
Spiague, Capt., 401. 
Spruce creek, 208, 209. 
Spurwell, Christopher, submitted 
to Massachusetts, 84, 88 ; lived at 
Cape Porpoise, 89. 
Spur wink, 
court held at. 156; submitted to 
Massachusetts, 156, 157 ; to be a 
part of Falmouth, 158; men- 
tioned, 243, 326, 419. 
river, 158, 326. 
Sriven, William, 311. 
Statkpole, James, 311. 
Stanford, 
Robert, 311, 353. 
Thomas, 156, 311. 



Stanhope, Jonathan, 448, 450, 451. 
Starbocke, Edward, 155. 
Starborow, see Scarborough. 
Star island, 24, .59. 
Start, see Siirt. 
Stilling, John. 311. 
Stirling, the Earl of, received grant 
of Nova Scotia, 195, 196, 2.53; con- 
veyed land to La Tour, 196; will- 
ing to give up his patent, 342, 
343; mentioned, 197, 233; see Al- 
exander, Sir William. 
Stirt, Edward, lived at York, .34; 
submitted to Massachusetts, 62; 
signed a petition to the General 
Court, 126. 
Stivens, Benjamin, 316. 
Stoakes, Henry, 34,5. 
Stone, John, complained of Bony- 
thon, 132; depositions of, 99, 100, 
104. 
Storer, see Stover. 
Stoughton, William, 370, 372, 394, 

414, 450. 
Stover, 
John, 346. 

Sylvester, lived at York, .34; 
submitted to Massachusetts, 
63; signed petition to the Gen- 
eral Court, 126; Godfrey's 
grant to, confirmed, 127; signed 
petition to Cromwell, 141. 
Stratton's island, home of Alger, 5 ; 

Nash's misdemeanors on, 6-8. 
Strawberries, 298. 
Strawbeiry bank, 52, 94, 158, 269, 

270, 315. 
Striped bass, 426. 
Sturgeon's creek. 317. 
Sturt, William, 388. 
Styleman, Elias, 300. 
Sudbury, 3u0, 446, 448-4.50. 
Suffolk county, 398. 
Swackatlock. see Sagadahoc. 
Swadden, Phillip, deposition of, 

112; mentioned. 106, 107. 
Swain I Jeremiah, letters of, to 
Sweyne ) the General Court, 453; to 
Gov. Bradstreet, 469-472; men- 
tioned, 404-40(5, 468. 
Symons, 

Henry, 141, 159. 

Herlakendeu, 357. 

John, 25. 41. 

Samuel, 21, 23, 24, 28, 31, 32, 37, 

39, 40, 58, 61, 62, 64, 66, 69. 
William, 141, 247. 



Tadoussac 424. 
Tar, 199, 242. 
Tavern, see Ordinary. 



INDEX. 



503 



Taylor, 

Georjre, 156. 
John, 311. 
Teegy, Fiances, 341. 
Temple, 

Thomas, 197. 238, 2.52-254. 
Sir Thomas, 201. 299. 
Terey. Thomas, 340. 
Tetheily, 
Gabrill, 311. 
William, 311, 392. 
Thing, Jonathan, 72, 74, 80, 91. 
Thirston, Captain, 267,280-262, 354. 
Thomas, 

Eice, bondsman for Gunnison, 
101; deposition of, 104; em- 
ployed by Treworgy, 104; for- 
bidden to cut wood, 104 ; warned 
Shapleigh off the premises, 
108 ; mentioned, 311. 
Solomon, 446, 447. 
"William, 320, .821. 
Thompson. Myles. 140. 
Thoj'pe, John, actions against, 168- 
170; preached in Scarborough, 
169, J 70 ; ordered to stop preach- 
ing, 170. 171. 
Three Arrows, the Sign of, 153. 
Thurston, .see Thirston. 
Timber, 199, 201. 242, 280, 298, 383. 
Tinny, John, 157,311. 
Tons island, 158. 
Toocker, Henry, 340. 
Topp, Mary, lived in York, 34; sub- 
mitted to Massachusetts, 62. 
Torrey. William, 49, 50, 52. .55. 58, 
66,70, 122, 123, 124, 129, 132, 1.33, 
137, 142, 15.5, 162, 103, 171, 173, 
176, 180, 206, 220, 221, .307, 313, 
317, 322, 323, 325, 330, 331, 33.3, 
335, 365, 381, 386, 389, 400, 407, 
413, 414, 415. 
Tower street, 153. 
Towusend, Joseph, 411. 
Tiaftington, Thomas. 392. 
Trainings, orders relating to, 162, 

163. 
Trevett, John, letter from Capt. 

Davis, 463. 
Treworgy, John, sent men to cut 
wood, 104; his right to the wood 
denied, 104; ])ermitted to build a 
house, 107, 112, 113; mentioned, 
106, 107, 113. 116. 
Trick, Elias, 345. 
Trickle, Francis, 311. 

John, 311. 
Trie, Adrian, 311. 
Tristum, Thomas, submitted to 
Massachusetts, 86. 
see Tiustram. 
Trois rivieres. La., 430. 
Trote, John, 219. 



Trott, Simon, submitted to Massa" 
chusetts, 84, 88; lived at Cape 
Porpoise, 89; signed petition to 
General Court, 217. 
Trout. 428. 

William, 346. 
Troyes, Felix de, 432. 

Paschal de, 432. 
Trustram, Ralfe, submitted to Mas- 
sachusetts, 80; constable, 82; 
lived at West Saco, 80; grand- 
juryman, 91; signed petition to 
Cromwell, 140. 
Tucker, 

John, deposition of, 98, 99; men- 
tioned, 106. 
Lues, 311. 
Nicholas, 311. 

Eichard, took testimony concern- 
ing Nash, .5, 6-8, 9. 
Eobert, 56, 57. 
Tuesack, Nick, 338. 
Tufton, 
Ann, 94. 
Eobert, 94. 
Tuisdale, see Twisdale. 
Tuisset, 336. 
Tuisset gut, 336. 

Tuibat, Peter, submitted to Massa- 
chusetts, 84, 88; lived at Cape 
Porpoise, 88; signed petition to 
the General Court, 217. 
Turkey, 5. 
Tu.ru er, 
hail, 152. 
Ealfe, 353. 
William, 240. 
Twisdale, 
John, lived at York, 34; sub- 
mitted to Massachusetts, 62; 
mentioned, 127, 128. 
John jr., lived at York, 34; sub- 
mitted to Massachusetts, 63. 
Twisdell, 

James, 387, 388. 
John, 127, 128. 
Twisden, 
John, bondsman for Gunnison, 
101; signed petition to Crom- 
well, 141 ; signed petition to 
the king, 148; mentioned, 311, 
370, 391. 
Peter, 54. 
Samuel, 141. 
Tyng, Edward, 166. 172, 220, .301, 
'307, 313, 321, 412, 413, 415-417, 
454. 
Tyrkie, see Turkey. 

U 

Uerrine, John, 345. 
Umpassis, Capt., 452. 
United colonies, 4.34, 436. 
Upper Clapboard island, 226. 



504 



DOCUMENTARY HISTORY 



Vahun, George, 4. 
Vallack, Nice, 346. 
Valliere, 424. 
Vandreuil, 436. 
Verring, 
James, 387, 388. 
John, 345, 387, 388. 
Vessels, see Bachelor, The, and 

Ships. 
Vickary, Roofer, signed petition to 

the General Court, 48. 
Vines, 319. 
Richard, opposed the govern- 
ment of Cleeves, 8; steward for 
Gorges, 207; deed to Withers, 
207, 208; deed approved, 209; 
Jones' deposition concerning 
the deed, 209; mentioned, 442, 
443. 
Virginia, 142,233, 295. 
Vons, L. M., 338. 
Vren, William, 54. 

W 

Waddock, Henry, submitted to 
Massachusetts, 80, 86; lived at 
Saco, 87 ; signed petition to Crom- 
well, 141. 

Wadleigh / John, submitted to Mas- 

Wadley ) sachusetts, 75, 85 ; men- 
tioned, 76, 90, 172. 
Robert, submitted to Massachu- 
setts, 75, 85 ; signed petition to 
Cromwell, 141. 

Wahoway, 448. 

Waite, Capt, 401. 

Wakefield, John, submitted to Mas- 
sachusetts, 75, 85. 

Wakley, Daniel, 353. 

"Walden, Anthony, 353. 

Waldern / William, witnessed 

Waldron ) Vines' deed to Withers, 
208; commissioner, 220; deposi- 
tion of, concerning the Merrimac, 
228, 229 ; demanded of Jocelyn 
his right to hold a court, 230, 231 ; 
answer to, 230, 231; warrant to 
Wells, 244; letters from, 182, 184, 
211, 212, 243, 245, 246; letters to, 
210,214, 215,333,334; mentioned, 
19, 52, 173, 207, 210, 243, 248, 250, 
300, 301, 306, 307, 313, 333, 340, 
349, 352. 

Wales, John, 349. 

Wayley, Nathaniel, submitted to 
Massachusetts, 157. 

Waleye, John, 408. 

Walker, 
Isaac, 441. 
Richard, 229. 

Walles, John, 160, 349. 



Wallice, John, 311. 

Wallis. 
Bartho., 353. 

Nathaniel, petitioned to the gov- 
ernor and council. 349, 350; 
mentioned, 160, 311, 325. 

Walnut trees, 298. 

Walter, John, 346. 

Walters, William, 345, 347. 

Walton, George, 113, 319. 

"Wannerton, Thomas, 319, 320. 

Ward, Obediah, 450. 

Wardell, William, accused of con- 
tempt of Court, 74; submitted to 
Massachusetts, 75, 85 ; advised 
not to assert his religious opin- 
ions, 78. 

Warner, Thomas, submitted to Mas- 
sachusetts, 84, 88 ; lived at Cape 
Porpoise, 88; signed petition to 
the General Court, 217. 

Warren, Richard, 345. 

Warwick, 272. 
Robert. 4, 442. 

Waters, William, 346. 

Watertown, 18, 227. 

Watson, John, 311. 

Watts, Henry, deposition of, 6 ; 
signed petition to the General 
Court, 48; submitted to Massa- 
chusetts, 157 ; mentioned. 4. 

Waymouth, Robert, submitted to 
Massachusetts, 22, 41 ; lived at 
Kittery, 2.i; signed petition to 
Cromwell, 140. 

Wayte, John, o8.5. 

Weale, Francis, 1.57. 

Weaie, Peter, see Wyre, signed peti- 
tion to the General Court, 126 ; 
Godfrey's grant to, confirmed, 
127; a prisoner, 206, 210, 214; 
warrant for his arrest, 211, 215; 
letter to Waldern, 210; ill-treated 
by Davis, 211, 213. 214; letter to 
Waldern, 211, 212, 214, 215; his 
knowledge concerning the Merri- 
mac, 228; mentioned, 210, 215. 

Webb, Henry, 316, 441. 

Webber Edward, 387, 388. 

Webster, John, 56. 

W'eeks. Nicholas, 340. 

Weimouth.see Waymouth. 

Welcom, William, 346. 

Welding, John, 311. 

Wellington, Benjamin, 351. 

Wells, commission to the people 
of, 33; petitions of the people of, 
50, 137-142, 171, 172,218, 326, 327; 
to have the bounds laid out, 64; 
commission to settle the civil 
government of, 67, 68; summons 
to, 68, 69, 74; court held at, 71, 
74, 75, 80, 244, 280; submitted to 



INDEX. 



505 



Massachusetts, 71, 72, 74, 75, 79, 
85, 89, 92, 98; people of, to be 
freemen, 72, 76, 90; civil govern- 
ment settled, 75, 70; to be a town- 
ship, 75, 79; exempted from pub- 
lic rates, 77, 91; to have an ordi- 
nary, 79; to lay out highways, 
83, 87; grants to, 89, 90; advised 
to resist Cleeves, 97; letter to, 
130. 131; to continue under the 
jurisdiction of Massachusetts, 
130; desired a resident magis- 
trate, 135; return upon the peti- 
tion of in61, 172, 173; not satis- 
fied with Fletcher's ministry, 
159; the right of holding an as- 
sembly at, demanded, 230, 231; 
answer, 230, 231 : mentioned, 73, 
155, 158, 161. 173. 203, 243, 247, 
258, 262, 306, 310, 314. 315, 403. 
Wells, 

Isaac, desired as a minister, 338- 
340; permitted to preach, 341; 
of doubtlul abihty, 342. 
John, signed petition to the Gen- 
eral Court, 219. 
Phillip, letters to, 445, 446; men- 
tioned, 441. 
Thomiis, why he left Kittery, 
339,340. 
Wentom, Edward, lived at Tork, 
34; submitted to Massachusetts, 
62; his grant from Godfrey con- 
firmed, 127. 
Weradbitticton, deed to Neale, 407- 

409; his mark, 409. 
Westchester, 356. 
VVestcusloge river, 398. 
Wester Creek, 209. 
West India, 251. 
John, submitted to Massa- 
chusetts, 80, 86 ; lived at West 
Saco, bO; signed petition to 
Cromwell, 140; commissioner, 
81, 91; selectman, 82; men- 
tioned, 172, 3l'6. 
Saco, inhabitants of, 86. 
Westminster, 309. 
Wethers, see Withers. 
Whale fishery, 242. 
Whalley, Edward. 293. 
Wharfe, Nathaniel, 308. 
Wharton, Richard, petition of, 412, 

413; petition granted, 413. 
Wheelwright, James, 314. 
the Kev. John, 131, 140. 29a 
Samuel, 203, 258, 277. 278, 351, 396. 
Thomas, lived at York, 34; peti- 
tioned for the town of Wells, 
50; submitted to Massachu- 
setts, 63; comraLssioner, 76, 77, 
90; signed petition to Crom- 
well, 141 ; mentioned, 131. 



Whiet, Samson, 311. 
Whip, Sufferage, 174. 
Whitehall, 145, 343. 
White, 

John, submitted to Massachu- 
setts, 22, 41, 75, 85; lived at 
Kittery, 25; signed petition to 
Parliament, 45; mentioned, 
311,391. 
Nicholas, submitted to Massa- 
chusetts, 156. 
Richard, 310, 391. 
Whitefoot, John, 353. 
Whitmore, John, 468. 

Rachel, petition of, 468. 
Widger, James, 346. 
Wiggiu, 

James, 184.311,341,391. 
James jr., 311. 

Thomas, 4, 13, 21, 23. 24, 28, 31, 
32, 37, 39, 40, 50, 61, ti2, 64, 66, 
67, 69, 70, 71, 73, 79, 93, 159. 
Wildt!oose, 346. 
Willard, 

J., 164, 414, 419. 

Symon, letter concerning the 
northern line, 225; letter con- 
cerning the Merrimac, 227; 
mentioned, 13, 18. 
Capt., 462,469,470,472. 
Willet, Mr., 256. 
Williams, Jenkin,408. 
Henry, 327, 349, 
Paul, 311. 

Thomas, submitted to Massachu- 
setts, 80, 86; commissioner, 81 ; 
selectman, 82, 91 ; lived at West 
Saco, 86; signed a petition to 
Cromwell, 140; signed petition 
to the king, 148. 
Williamson, Joseph, 366. 
Wilson, Gowen, submitted to Mas- 
sachusetts, 22, 41; deposition of, 
110-112; mentioned, 113, 341. 
Wiucoll, John, submitted to Mas- 
sachusetts, 22, 41 ; lived at Kit- 
tery, 25; signed petition to Par- 
liament, 45; justice of the peace, 
203, 258; mentioned, 277, 278, 314, 
396. 
Winder, Mr., 256. 
Windus, James, 240. 
Wine, the sale of, licensed, 24, 42, 

59. 
Winkall, Capt., 314, 
Winnapaseokit lake, 227-229. 
Winslow, Governor, 293. 
Winter, 
harbor, 453, 
John, 7, 256, 308, 
Winthrop, Governor John, letter of 

356-358, 
Wire, see Weare, 



506 



DOCUMENTARY HISTORY 



WisTvell, 

Ickabod, 345. 
Capt., 470. 

Witch, Elizabeth Baylie called one, 
168, J 69. 

^Yitcballs, Emanuel, 345. 

Wite, Josiah, 311. 

Withers, Thomas, opposed to gov- 
erment of Massachusetts, 14-16; 
submitted to Massachusetts, 22, 
41; lived at Kittery. 25; deed 
from Vines, 207, 2u8; deed ap- 
proved, 20U; deposition concern- 
ing, 209; mentioned, 52, 60, 106, 
109-113. 1()0, 187, 188, 340. 

Wollaston, Sir John, 94. 

Wolner, Mr., 153. 

Wotdbridge, Mr., of Newberry, 300. 

Worcester, William, 123, 129. 

Wormstall, Arthur, coramissionei', 
83, 83; lived at Cape Porpoise, 88. 

Wormwood. Jacob, signed petition 
to General Court, 219. 

Wriford, John, 345, 348. 

Wyhes , 288. 

Wyre, Peter, see Weare, lived at 
York, 34; submitted to Massa- 
chusetts, 02; signed petition to 
Cromwell, 141; mentioned, 302, 
315. 



York, 

Court at, 29, 64, 168, 248, 302. 306, 
310, 335; commissicm granted 
to, 33; inhabitants of, 34; for- 
merly Accoraenticus, 35, 63; 
people not to be called for a 
general training, 35; bounda- 
ries of, to be determined. 35, 
36, 64 ; civil government settled 
at, 38, 39, 65, 66; to have a 
yearly court, 38; Godfrey's dis- 
pute with, to be settled, 123; 



summons to, 123: people of, 
petitioned against Godfrey, 124- 
126; people of, petitioned to 
Cromwell, 137-142; warrant to 
the people of, 205; petition of 
1671 to Massachusetts, 32.5-327; 
Grant's testimony concerning, 
369; answer, 369, 370; desired 
that the soldiers remain at, 371 ; 
answer, 371, 372; mentioned, 
20, 21, 24, 37, 42, 46, 59, 61, 72, 
119, 129, 137, 156. 158, 162, 163, 
173, 175, 180, 183, 185, 203, 204, 
206, 209,210, 216, 218,250,258, 
259, 262, 278, 310, 315, 339, 392, 
396. 
the Duke of, 190, 195, 252, 378. 
York county I named by commis- 
Yoikshire ) sioners of Massachu- 
setts, 26. 29, 297; to have a court, 
27; people nut to be called for a 
general training. 27, 30, 35; not 
supplied with suiEcient amuni- 
tion, 133; under the government 
of Massachusett>!, 261; order to 
hold courts in, 300-302; ordered 
to make tlieir rates, 320; did not 
consent, 330; people i^rohibited 
from moving from, 348, 349; rates 
to be rai^ed, 350; power of mag- 
istrates, 351; mentioned, 38, 65, 
75, 77, 80, 89, 91, 92, 100, 101, 103, 
107, 117. 118, 121, 132, 133, 142, 
159, 170, 172, 176, 181, 182, 189, 219, 
243, 245, 306, 307, 326, 328, 333, 442. 
Yorke. Clement, 311. 
Yost, Thomas, 435. 
Young, Rowland, lived at Yoi'k, 34; 
submitted to Massachusetts, 62; 
mentioned, 215, 3 11, 392. 

Z 

Zashadohocke kivee, 336. 



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